The Social Security(Northern Ireland) Order 1989

Regulations and orders: general provisions

30.—(1) Subject to the following provisions of this Article, subsections (1) to (3A) of section 155 of the principal Act shall apply in relation to any power conferred by any provision of this Order to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Order.

(2) Section 156(1) of the principal Act shall apply to—

(a)the first regulations made under section 17 of the principal Act by virtue of Article 12,

(b)the first regulations made by virtue of Article 14,

(c)the first regulations made under Article 21 of the 1986 Order by virtue of Article 15,

(d)the first regulations prescribing relevant benefits for the purposes of Article 24,

(e)the first regulations made under section 59B(7) of the principal Act (retirement allowance) by virtue of paragraph 8(6) of Schedule 1,

(f)the first regulations made under Article 4 of the Social Security (Northern Ireland) Order 1988(1) (reduced earnings allowance, etc.) by virtue of paragraph 8(7) of Schedule 1,

(g)the first regulations made under paragraph 4 of Schedule 4,

(h)any regulations made under paragraph 21(2) of Schedule 4,

and any regulations contained in a statutory rule which includes any regulations to which the foregoing sub-paragraphs apply.

(3) All regulations and orders made under this Order, other than those to which paragraph (2) applies and orders under Article 1(2), shall be subject to negative resolution.

(4) Section 156(4) of the principal Act and Article 81(4) of the 1986 Order (regulations subject to negative resolution) shall not apply in relation to—

(a)any regulations to which sub-paragraph (a), (b), (c) or (e) of paragraph (2) applies; or

(b)any regulations contained in a statutory rule which includes any regulations to which sub-paragraph (a), (b), (c) or (e) of paragraph (2) applies.

(5) Any power to make—

(a)regulations prescribing relevant benefits for the purposes of Article 24, or

(b)regulations under paragraph 4 of Schedule 4,

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

(6) A power conferred by this Order to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if the Department of Finance and Personnel so directs, be exercisable only in conjunction with it.

(7) Nothing in this Article applies to orders of the Occupational Pensions Board under Schedule 5.