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The Welfare Reform (Northern Ireland) Order 2015

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The Welfare Reform (Northern Ireland) Order 2015, Cross Heading: Administration is up to date with all changes known to be in force on or before 19 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Part 2 Chapter 2 Crossheading Administration:

  • specified provision(s) amendment to earlier commencing S.R. 2009/4 by S.R. 2019/107 art. 2
  • specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/4 art. 5
  • specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/7 art. 3
  • specified provision(s) amendment to earlier commencing S.R. 2017/216 by S.R. 2018/1 art. 7
  • specified provision(s) amendment to earlier commencing SR 2016/46, art. 5(a) by S.R. 2016/166 art. 3

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

AdministrationN.I.

Concurrent exercise of certain functions by Department for Employment and LearningN.I.

F134.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Art. 34 omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 62 (with art. 9(2)) (Omitted before coming into operation)

Commencement Information

I1Art. 34 in operation at 27.9.2017 by S.R. 2017/190, art. 4(1)(2)(a)

Delegation and contracting outN.I.

35.—(1) The functions of the Department under Articles 18 to 30 may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).

(2) An authorisation given by virtue of this Article may authorise the exercise of a function—

(a)wholly or to a limited extent;

(b)generally or in particular cases or areas;

(c)unconditionally or subject to conditions.

(3) An authorisation under this Article—

(a)may specify its duration;

(b)may be varied or revoked at any time by the Department;

(c)does not prevent the Department or another person from exercising the function to which the authorisation relates.

(4) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.

(5) Paragraph (4) does not apply—

(a)for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or

(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6) Where—

(a)the authorisation of an authorised person is revoked, and

(b)at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).

F2(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Art. 35(7) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 63 (with art. 9(2)) (Art. 35(7) omitted before art. 35 comes into operation)

Commencement Information

I2Art. 35 in operation at 27.9.2017 by S.R. 2017/190, art. 4(1)(2)(b)

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