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The Health and Personal Social Services (Northern Ireland) Order 1991
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Regulations, orders [F1, directions and guidance] N.I.
33.—(1) Regulations under this Order shall be subject to negative resolution [F2; but this is subject to paragraph (1A).]
[F3(1A) Regulations under the provisions mentioned in paragraph (1B) that amend only statutory instruments are subject to negative resolution; and no other regulations may be made under those provisions unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(1B) The provisions are—
(a)Article 10B(8);
(b)paragraph 22A(8) of Schedule 3.]
(2) Without prejudice to any other provision of this Order, any power conferred by this Order on the Department to make any regulations having a financial implication shall, if the Department of Finance and Personnel so directs, be exercisable only in conjunction with that Department.
(3) The Statutory Rules (Northern Ireland) Order 1979F4 shall not apply to any order made by the Department under Article 13(1) or paragraph 24 of Schedule 3.
(4) Section 17(2) of the Interpretation Act (Northern Ireland) 1954 shall apply to a direction given by the Department under this Order as if the direction were a statutory instrument.
[F5(5) Any guidance given by the Department under this Order—
(a)is to be in writing, and
(b)may be varied or revoked by subsequent guidance.]
F1Words in art. 33 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 147(5); S.R. 2022/102, art. 2(b)
F2Words in art. 33(1) inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 147(2); S.R. 2022/102, art. 2(b)
F3Art. 33(1A)(1B) inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 147(3); S.R. 2022/102, art. 2(b)
F5Art. 33(5) inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 147(4); S.R. 2022/102, art. 2(b)
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