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Part XVU.K. General

Subordinate legislationN.I.

165 Regulations and orders - general.N.I.

(1)Subject to subsection (2) below and to [F1any provision providing for an order or regulations to be made by [F2the Secretary of State,] the Treasury or the Inland Revenue and to]any specific provision of this Act, regulations and orders under this Act shall be made by the Department.

(2)Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor.

(3)Any power conferred by this Act [F3on the Department [F4, the Secretary of State] or the Lord Chancellor] to make regulations or orders is exercisable by statutory rule for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979.

(4)Except in the case of regulations under section 22 or 152 above and in so far as this Act otherwise provides, any power conferred by this Act to make regulations or an order may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii)any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.

(5)Without prejudice to any specific provision of this Act, any power conferred by this Act to make regulations or an order (other than the power conferred by section 22), includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.

[F5(5A)The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

(5B)For the purposes of subsection (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 1 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.]

(6)Without prejudice to any specific provision of this Act, a power conferred by any provision of this Act, except sections 12, [F624,] 122 and 152, to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

(7)Any power conferred by Part VIII of this Act to make regulations relating to housing benefit shall include power to make different provision for different areas.

[F7(7A)Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to [F82F] and 5A above may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.]

(8)Regulations under Part VIII of this Act relating to housing benefit administered by the Department of the Environment under section 126(3)(b) above shall not be made without the consent of that Department.

(9)Any power to make—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulations under section F10. . . 152(5)(c) above;

(c)an order under section [F11145(4)(a)] or 148(2) above,

shall be exercisable with the consent of the Department of Finance and Personnel.

(10)Any power of the Department under any provision of this Act, except sections 76, 134, [F12and 152], to make any regulations or an order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if that Department so directs be exercisable only in conjunction with it.

(11)A power under [F13section 155] above to make regulations, or to make provision by an order, for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed or made after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.

[F14(11A)Any power of the Treasury or the Inland Revenue under this Act to make regulations or orders is exercisable by statutory instrument; and subsections (4) to (6) above apply to those regulations or orders as they apply to regulations or orders made by the Department.]

(12)Any reference in this section or section 166 below to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed or made after this Act which is directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.

Textual Amendments

F1Words in s. 165(1) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 49(2) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F2Words in s. 165(1) inserted (13.5.2014) by National Insurance Contributions Act 2014 (c. 7), s. 18(5)(7)

F3Words in s. 165(3) inserted (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 4 para. 10; S.I. 2003/392, art. 2 (subject to savings in art. 3)

F4Words in s. 165(3) inserted (13.5.2014) by National Insurance Contributions Act 2014 (c. 7), s. 18(6)(7)

F6Words in s. 165(6) ceased to have effect (6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by virtue of S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 86; S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472); and those same words repealed (29.11.1999 for certain purposes, otherwiseprosp.) by the said S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(2), Sch. 7; S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of that S.R.)

F7S. 165(7A) inserted (1.12.1999) by S.I. 1999/3147 (N.I. 11), arts. 1(4)(f), 74, Sch. 9 para. 58 (with art. 75)

F8Word in s. 165(7A) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 2(4), 36(1)(a)

F9S. 165(9)(a) repealed (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1)(2), SCh. 3, para. 9(1)(a), Sch. 4; S.R. 1997/400, art. 2

F10Words in s. 165(9)(b) repealed (6.10.1997) by S.I. 1997/1183, art. 31(1)(2), Sch. 3, para. 9(b), Sch. 4; S.R. 1997/400, art. 2(2)

F11Words in s. 165(9)(c) substituted (retrospective to 1.4.1999) by 1999 c. 30, ss. 81, 89(4)(d), Sch. 11 para. 19 (the amendment being in place of that made by S.I. 1999/671, Sch. 3 para. 49(3))

F12Words in s. 165(10) substituted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13 para. 12(a) (with s. 95); S.I. 1999/3209, art. 2, Sch.

F13Words in s. 165(11) substituted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13 para. 12(b) (with s. 95); S.I. 1999/3209, art. 2, Sch.

F14S. 165(11A) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 49(4) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

Modifications etc. (not altering text)

C1S. 165 extended (2.12.1999) by 1998 c. 47, s. 87(10) (with s. 95); S.I. 1999/3209, art. 2, Sch.

C2S. 165(1) modified (5.10.1999) by 1999 c. 10, ss. 2, 20(2), Sch. 2 para. 22

C3S. 165(3) modified (5.10.1999) by 1999 c. 10, ss. 2, 20(2), Sch. 2 para. 31

C4S. 165(4)(5)(6)(10) applied (5.9.1997) by S.I. 1997/1183 (N.I. 12), art. 28(3); S.R. 1997/400, art. 2(1), Sch. Pt. I

C5S. 165(8): functions transferred (1.12.1999) from the Department of the Environment to the Department of Finance and Personnel by S.R. 1999/481, art. 6(b), Sch. 4 Pt. II

Marginal Citations

166 Assembly, etc. control of orders and regulations.N.I.

(1)The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of the Assembly.

(2)Subsection (1) above applies—

[F15(za)to any order made under section 109A(3B);]

(a)to any regulations made by the Department under section F16. . . [F17116B(1)(b),] 131 or 134 above; and

[F18(aa) the first regulations to be made under section 2A;] and

[F19(aaa)to the first regulations to be made under section 2AA above;]

[F20(ab)to any order containing provision adding any person to the list of persons falling within section 103B(2A) above;]

(b)to any order made by the Department under [F21section 132 [F22, 132A [F23132B,]] or 133 above.]

(3)Subsection (1) above does not apply to regulations which, in so far as they are made under the powers conferred by subsection (2)(a) above, only replace provisions of previous regulations with new provisions to the same effect.

(4)Subject to subsection (8) below, all regulations and orders made under this Act by the Department, other than regulations or orders to which subsection (1) above applies, shall be subject to negative resolution.

(5)Subject to subsection (10) [F24and (10A)] below, all regulations [F24or orders]made under this Act by F25... [F24the Treasury or the Inland Revenue] shall be subject to annulment in pursuance of a resolution of either House of ParliamentF25....

[F26(5A)All regulations made under this Act by the Department of Justice shall be subject to negative resolution.]

(6)Section 41(3) of the M2Interpretation Act (Northern Ireland) 1954 (laying statutory instruments or statutory documents before the Assembly) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(7)This subsection applies to any regulations or order made under this Act which—

(a)but for subsection (8) below, would be subject to negative resolution, and

(b)are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.

(8)Any regulations or order to which subsection (7) above applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

(9)This subsection applies to any regulations or order made under this Act which—

(a)but for subsection (10) below, would be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)are, or is, contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.

(10)Any regulations or order to which subsection (9) above applies shall not be subject as mentioned in paragraph (a) of that subsection, but shall be subject to the procedure described in paragraph (b) of that subsection.

[F27(10A)A statutory instrument containing provision under section 129 [F28, 132, 133, 134] or 142(7) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.]

F29(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In this section—

Textual Amendments

F16Words in s. 166(2)(a) repealed (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1)(2), Sch. 3, para. 10, Sch. 4; S.R. 1997/400, art. 2

F17Words in s. 166(2)(a) inserted (1.7.1997) by 1997 c. 47, s. 22, Sch. 1 para. 13; S.I. 1997/1577, art. 2, Sch.

F18S. 166(2)(aa) inserted (1.12.1999) by S.I. 1999/3147 (N.I. 11), arts. 1(4)(f), 74, Sch. 9 para. 59 (with art. 75)

F20S. 166(2)(ab) inserted (23.12.2002 for certain purposes, otherwise 24.2.2003) by 2001 c. 17 (N.I.), ss. 1(9), 17(1); S.R. 2002/406, art. 2(1)(a)(b)

F21Words in s. 166(2)(b) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 50(2) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F22Word in s. 166(2)(b) inserted (with effect in accordance with s. 5(3)(4) of the amending Act) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 27

F23Word in s. 166(2)(b) inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 23

F24Words in s. 166(5) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 50(3) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F27S. 166(10A) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 50(4) (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F28Words in s. 166(10A) inserted (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 4 para. 11(3); S.I. 2003/392, art. 2 (subject to savings in art. 3)

F29S. 166(11) repealed (2.12.1999) by S.I. 1999/663, arts. 1(2), 2(2), Sch. 2; S.I. 1999/3208, art. 2

Modifications etc. (not altering text)

C6S. 166(1) applied (17.3.1993) by S.I. 1993/592 (N.I. 2), art. 4(8)

C8S. 166(1) extended (4.7.1996) by S.I. 1996/1632 (N.I. 11), art. 1(2), 17(4)

C9S. 166(1) applied by SI 1988/594 (N.I. 2) art. 13(7) (as substituted (27.11.2006) by The Food Benefit Schemes (Northern Ireland) Order 2003 (S.I. 2003/3202), arts. 1(3), 3(1); S.R. 2006/418, art. 2(1) (with art. 2(2)) (as substituted by S.R. 2006/437, art. 2))

Marginal Citations

SupplementaryU.K.

167 Interpretation.N.I.

(1)In this Act, unless the context otherwise requires—

(a)income support;

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)housing benefit;

(a)a registered medical practitioner; or

(b)a person outside the United Kingdom who is not a registered medical practitioner, but has qualifications corresponding (in the Department’s opinion) to those of a registered medical practitioner;

(2)For the purposes of Part III of the M12Northern Ireland Constitution Act 1973 (validity of Measures of the Northern Ireland Assembly, including Orders in Council under the M13Northern Ireland Act 1974), provisions of this Act which re-enact provisions of a Measure of the Assembly or such an Order are to be treated as provisions of such a Measure or Order.

Textual Amendments

F30Words in s. 167(1) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 51(2); S.R. 1996/180, art. 2

F32Words in s. 167(1) inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 24

F33Words in s. 167(1) substituted (2.5.2016 for specified purposes, 20.6.2016 in so far as not already in force) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 29; S.R. 2016/215, arts. 2(5)(h)(ii), 3(2)

F35Words in s. 167(1) substituted (5.7.1999 and 29.11.1999 for different purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 87(b); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F36Definition in s. 167(1) substituted (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 87(c); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F37Definitions in s. 167(1) repealed (6.10.1997) by S.I. 1997/1183 (N.I. 11), art. 31(1)(2), Sch. 3, para. 11, Sch. 4; S.R. 1997/400, art. 2

F38Definition in s. 167(1) inserted (1.7.1997) by 1997 c. 47, s. 22, Sch. 1 para. 14(2); S.I. 1997/1577, art. 2, Sch.

F39Definition in s. 167(1) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 51(3); S.R. 1996/180, art. 2

F40Words in s. 167(1) inserted (1.7.2008 for specified purposes, 27.7.2008 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 4(28)(b); S.R. 2008/276, art. 2(2)(a)(i)(ii)

F41S.167(1): definition of "the Department" substituted (9.9.2002) by Employment Act 2002 (c. 22), ss. 53, 55(2), Sch. 7 para. 17; S.I. 2002/2256, art. 2

F43Words in s. 167(1) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 2(5), 36(1)(a)

F44Words in definition in s. 167(1) inserted (1.7.1997) by 1997 c. 47, s. 22, Sch. 1, para. 14(3); S.I. 1997/1577, art. 2, Sch.

F45Definition in s. 167(1) repealed (29.11.1999 for certain purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78, Sch. 6 para. 87(a), Sch. 7; S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F46Definition in s. 167(1) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 51(4); S.R. 1996/180, art. 2

F47Words in s. 167(1) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2 (with art. 3)

F48Words in s. 167(1) inserted (1.7.2008 for specified purposes, 27.7.2008 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 4(28)(c); S.R. 2008/276, art. 2(2)(a)(i)(ii)

F50Definition in s. 167(1) inserted (24.3.1999 for certain purposes, otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2), 3(1), Sch. 1 para. 35 (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F52Definition in s. 167(1) repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15; S.I. 1999/3209, art. 2, Sch.

F53Definitions in s. 167(1) added (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 42(a); S.R. 1994/17, art. 2

F55Words in s. 167 substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 56(a)

F56Words in definition in s. 167(1) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 42(b); S.R. 1994/17, art. 2

F57Definition in s. 167(1) substituted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 123, Sch. 2, Pt. III, para. 10; S.R. 1997/192, art. 2

F58Definition in s. 167(1) inserted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 42(c); S.R. 1994/17, art. 2

F59Words in definition in s. 167(1) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 42(d); S.R. 1994/17, art. 2

F60Words in definition in s. 167(1) added (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 42(d); S.R. 1994/17, art. 2

F61Words in s. 167 substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 56(b)

F63Definition in s. 167(1) repealed (29.11.1999 for certain purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78, Sch. 6 para. 87(a), Sch. 7; S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F64S. 167(1): definition of "state pension credit" inserted (2.12.2002) for certain purposes, otherwise prosp. by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 Pt. 2 para. 22; S.R. 2002/366, art. 2(l)

Modifications etc. (not altering text)

Marginal Citations

168 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Social Security Administration (Northern Ireland) Act 1992.

(2)This Act is to be read, where appropriate, with the Contributions and Benefits Act and the Consequential Provisions Act.

(3)The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.

(4)Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.

(5)Subject to subsection (6) below, this Act extends to Northern Ireland only.

(6)Section 22 above and this section also extend to Great Britain.