The Social Security (Incapacity for Work) (Northern Ireland) Order 1994

Other amendments N.I.

Art. 11 rep. by 1999 NI 11

Art. 12 rep. by 2002 c. 21

Article 13—Amendments and repeals

General power to make transitional and consequential provision N.I.

14.—(1) The Department may by regulations make such transitional provision, and such consequential provision or savings, as appear to it to be necessary or expedient in preparation for or in connection with the coming into force of any provision of this Order or the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in operation.

(2) The power conferred by paragraph (1) is not exercisable in respect of any matter for which provision may be made under Article 6 (power to provide for transition to incapacity benefit) or Article 9 (power to provide for the transition to new test of incapacity for work).

(3) Subsections (3) and (4) of section 171 of the Contributions and Benefits Act (general provisions as to regulations and orders) apply in relation to the power conferred by paragraph (1) as they apply in relation to a power conferred by that Act to make regulations.

(4) A statutory rule—

(a) which contains (whether alone or with other provisions) any regulations made under this Article; and

(b) which is not subject to the confirmatory procedure,

shall be subject to negative resolution.

Saving for existing enactments N.I.

15.—(1) The amendments of the Contributions and Benefits Act made by this Order shall be treated as repealing and re-enacting with modifications the provisions of that Act relating to incapacity for work, so that, subject to any amendment, repeal or revocation—

(a) any reference in any enactment to any such provision shall be construed as a reference to the corresponding new provision or, as the case may be, to the provision as amended by this Order; and

(b) instruments made under any such provision—

(i) shall continue in force and have effect as if made under the corresponding new provision or, as the case may be, the provision as amended by this Order; and

(ii) shall be construed as if originally so made.

(2) In any enactment, subject to any amendment—

(a) any reference to sickness benefit shall be construed as a reference to short-term incapacity benefit at the lower rate; and

(b) any reference to invalidity benefit or invalidity pension shall be construed as a reference to short-term incapacity benefit at the higher rate or long-term incapacity benefit.

(3) In this Article—

• “enactment” includes an enactment contained in an instrument;

• “instrument” has the meaning given by section 1(c) of the Interpretation Act (Northern Ireland) 1954. [1954 c. 33 (N.I.)]