Article 48 Regulations and orders

(1)

Any regulations or any order made by the Lord Chancellor under this Order (except an order made under Article 1(2)) shall be subject to F1negative resolution.

C1(F22)

A statutory rule containing (whether alone or with other provisions) regulations made under—

(a)

Article F37(3A), 9(1), 14(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in Article 14(5)(b)), F422(2A), 22(3A) 28C(2)(b), 28F(2)(b), 30(4A), F532A to 32C, 32E to 32J, 38(2), 38A, 38B(6), F638E(1)(a) 40(1), 41(2A)(d) F7... or 44;

(b)

paragraph 3(2) or 10A(1) of Part I of Schedule 1; or

(c)

Schedule 4B,

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) 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 been approved by a resolution of the Assembly.

(F82A)

A statutory rule containing (whether alone or with other provisions)—

(a)

the first regulations under Article 19(2) to make provision of the kind mentioned in Article 19(3)(a) or (b);

(b)

the first regulations under Article 36F, 36L(4), 36O, 38D(2), 38E(2) or 45A;

(c)

the first regulations under paragraph 5A(6)(b) of Schedule 1;

(d)

the first regulations under paragraph 9(1)(ba) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2) of that paragraph; or

(e)

the first regulations under paragraph 10(1) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2)(a) or (b) of that paragraph

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

F9(2B)

A statutory rule containing (whether alone or with other provisions) regulations which by virtue of Article 47A are to have effect for a limited period shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

(3)

The following statutory rules—

(a)

any regulations made by the Department under this Order (except regulations to which paragraph (2) F10or (2A) applies); and

(b)

any order made by the Department under this Order (except an order made under Article 1(2));

shall be subject to negative resolution.

(4)

Any power to make a statutory rule shall be exercisable so to provide for a person to exercise a discretion in dealing with any matter.

Annotations

Textual amendments

F1: Words in art. 48(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 148 (with arts. 28-31)
F2: Art. 48(2)(2A) substituted for art. 48(2) (3.3.2003 for specified purposes, 16.5.2014 in so far as not already in operation) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 24(1), 68(1)(2) (with s. 66(6)); S.R. 2003/53, art. 3, Sch.; S.R. 2014/138, art. 2
F3: Word in art. 48(2)(a) inserted (19.7.2023) by Child Support Collection (Domestic Abuse) Act 2023 (c. 24), ss. 4(4), 5(5); S.R. 2023/111, art. 2(2)
F4: Words in art. 48(2)(a) inserted (17.3.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 11 para. 5; S.R. 2016/166, art. 2(b)
F5: Words in art. 48(2)(a) inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(20)(a) (with s. 37); S.R. 2009/216, art. 2(1)(d)
F6: Word in art. 48(2)(a) inserted (3.12.2012) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(20)(b) (with s. 37); S.R. 2012/423, art. 2(1)(c)
F7: Words in art. 48(2) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)
F8: Art. 48(2A) substituted (3.12.2012) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(21) (with s. 37); S.R. 2012/423, art. 2(1)(c)
F9: Art. 48(2B) inserted (3.12.2012) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(22) (with s. 37); S.R. 2012/423, art. 2(1)(c)
F10: Words in art. 48(3)(a) inserted (3.3.2003 for specified purposes, 16.5.2014 in so far as not already in operation) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 24(2), 68(1)(2) (with s. 66(6)); S.R. 2003/53, art. 3, Sch.; S.R. 2014/138, art. 2

Modifications

C1: Art. 48(2) (as originally enacted) amended (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)