The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)The administration provisions apply in relation to housing benefit or council tax benefit to which a person is entitled by virtue of subsection (2) of section 32 subject to—
(a)subsections (4), (5) and (6) of that section;
(b)any prescribed modifications of those provisions which the Secretary of State thinks are necessary or expedient in connection with such housing benefit or council tax benefit.
(2)Modifications under subsection (1)(b) may, in particular, provide that housing benefit or council tax benefit to which a person is entitled by virtue of section 32(2) must or may take the form of a payment by the appropriate authority to another local authority in prescribed circumstances.
(3)In this section the administration provisions are—
(a)the Administration Act;
(b)subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made in pursuance of that Act.
(4)The power to make regulations under this section or section 32 is exercisable by the Secretary of State by statutory instrument.
(5)A statutory instrument containing regulations under this section or section 32 is subject to annulment in pursuance of a resolution of either House of Parliament.
(6)Section 175(3) to (7) of the Contributions and Benefits Act (supplemental provision as to regulations) applies in relation to regulations under this section and section 32 above as it applies in relation to regulations under that Act.
(7)In section 170 of the Administration Act (Social Security Advisory Committee), in subsection (5)—
(a)in the definition of “the relevant enactments”, after paragraph (ai) insert—
“(aj)sections 32 and 33 of the Welfare Reform Act 2007;”;
(b)in the definition of “the relevant Northern Ireland enactments”, after paragraph (ai) insert—
“(aj)any provisions in Northern Ireland which correspond to sections 32 and 33 of the Welfare Reform Act 2007;”.
(8)For the purposes of any enactment other than a relevant enactment—
(a)entitlement to housing benefit by virtue of section 32(2) above is to be treated as entitlement under section 130 of the Contributions and Benefits Act;
(b)entitlement to council tax benefit by virtue of section 32(2) above is to be treated as entitlement under section 131 of that Act.
(9)In subsection (8), the relevant enactments are—
(a)the administration provisions, and
(b)Part 7 of the Contributions and Benefits Act, except sections 123 and 134(2) and (4).
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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