Article 75 Assembly, etc. control of regulations

Northern Ireland

F1(1)

[F2The regulations to which this paragraph applies] F3Where regulations specified in paragraph (2) are made by the Department, they 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.

F4(1A)

Where regulations specified in paragraph (2) fall to be made by the Treasury or the Commissioners of Inland Revenue they shall not be made unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

(2)

[F5Paragraph (1) applies to] F6The regulations specified in this paragraph areregulations (whether made alone or with other regulations) under—

(a)

Article 8, 13(2) F7or (3A) , 68 or 73; or

(b)

paragraph 12 of Schedule 1, paragraph 9 of Schedule 2 or paragraph 2 of Schedule 4.

(3)

Regulations made under this Order by the Department, other than regulations [F8to which paragraph (1) applies] F9specified in paragraph (2), shall be subject to negative resolution.

F10(3A)

Regulations made under this Order by the Treasury or the Commissioners of Inland Revenue, other than regulations specified in paragraph (2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Regulations made under this Order by the F11Department of Justice shall be subject to negative resolution.

Annotations

Textual amendments

F1: mod. by SI 2005/191
F2: Words in art. 75(1) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(2); S.I. 2003/392, art. 2 (with art. 3)
F3: Words in art. 75(1) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(2); S.I. 2003/392, art. 2 (with art. 3)
F4: Art. 75(1A) inserted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(3); S.I. 2003/392, art. 2 (with art. 3)
F5: Words in art. 75(2) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(4); S.I. 2003/392, art. 2 (with art. 3)
F6: Words in art. 75(2) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(4); S.I. 2003/392, art. 2 (with art. 3)
F7: Words in art. 75(2)(a) inserted (17.3.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 107(5); S.R. 2016/166, art. 2(a)
F8: Words in art. 75(3) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(5); S.I. 2003/392, art. 2 (with art. 3)
F9: Words in art. 75(3) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(5); S.I. 2003/392, art. 2 (with art. 3)
F10: Art. 75(3A) inserted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(6); S.I. 2003/392, art. 2 (with art. 3)
F11: Words in art. 75(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 155(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481