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Article 167 Assembly, etc. control of orders and regulations

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2)—

(a)

any orders (except orders under Article 1) made under this Order by a Northern Ireland department, and

(b)

any regulations made under this Order,

are subject to negative resolution.

(2)

Orders and regulations to which this paragraph applies—

(a)

must be laid before the Assembly after being made, and

(b)

take effect on such date as may be specified in the order or regulations, but (without prejudice to the validity of anything done thereunder or to the making of a new order or 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 order or regulations are approved by a resolution of the Assembly.

(3)

Paragraph (2) applies in relation in ordersF1 made by virtue of Article 10(2) and regulations made by virtue of—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

Article 64(4), F3or

(c)

Article 113(1), F4...

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(whether made alone or with other orders or regulations).

F6(3A)

Paragraph (2) also applies in relation to the first regulations made by virtue of Article 41A or 41C (whether made alone or with other regulations).

(4)

Orders (except orders under Article 1) made under this Order by a Minister of the Crown are subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946F7 applies accordingly.

Annotations

Textual amendments

F1

2000 c. 4 (NI)

F2

Art. 167(a) rep. by 2000 c. 4 (NI)

F3

Word in art. 167(3)(b) inserted (6.4.2012) by The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 5(7)(a)

F4

Word in art. 167(3)(c) omitted (6.4.2012) by virtue of The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 5(7)(b)

F5

Art. 167(3)(d) omitted (6.4.2012) by virtue of The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 5(7)(c)

F6

Art. 167(3A) inserted (1.9.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(d)(3)(c), Sch. 11 para. 12(4); S.R. 2021/240, art. 2(2)(e)

F7

1946 c. 36

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

F2

functions transf. by 2005 NI 1