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Social Security Act 1975

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167Parliamentary control of orders and regulations

(1)Subject to the provisions of this section—

(a)no regulations shall be made wholly or partly by virtue' of any of the following provisions of this Act, namely—

  • section 5(3) and (4) (widow's option as to rate of her liability for Class 1 contributions);

  • section 7(4) (Class 2 contributions, higher weekly rate);

  • section 10 (Class 4 contributions recoverable under regulations);

  • section 20(3) (additional conditions and restrictions as to certain benefits);

  • section 129 (mariners, airmen, etc.);

  • section 130 (married women and widows);

(b)no order shall be made wholly or partly by virtue of section 17(3) (substituted provision for section 17(1) and (2)),

unless a draft of the regulations or order has been laid before Parliament and been approved by a resolution of each House.

(2)Subsection (1) above does not apply to—

(a)regulations under section 129, where the instrument containing the regulations states that they are made for the purpose of making provision consequential on the making of an order under section 120 or 122;

(b)regulations to be made for the purpose only of consolidating regulations thereby revoked;

(c)regulations which, in so far as they are made under powers conferred by the provisions mentioned in subsection (1) above, only replace provisions of previous regulations with new provisions to the same effect.

(3)All regulations made under this Act by the Secretary of State, other than regulations to which subsection (1) above applies, and all orders so made (except an order under section 17(3), 120 or 122, or an up-rating order) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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