OpenLegislation

Section 108 Powers to amend Chapter 1 etc: Northern IrelandI1

Northern Ireland

(1)

The Department for Communities in Northern Ireland may by regulations amend any of sections 105, 106 and 107 for the purpose of providing for purported alterations of any specified description to be outside the scope of remediation under either or both of sections 106 and 107.

(2)

In subsection (1) “specified” means specified in the regulations; and a specified description of purported alterations may be framed by reference to features of the alterations or of the schemes purportedly altered by them (or a combination of both).

(3)

Regulations under subsection (1) are subject to negative resolution.

(4)

The Department for Communities in Northern Ireland may by regulations make incidental, supplementary, consequential or transitional provision in connection with any provision of this Chapter (other than section 104 and this section).

(5)

Regulations under subsection (4) may amend Northern Ireland legislation, or an Act of Parliament, passed or made before or in the same Session as this Act.

(6)

Regulations under subsection (4) which contain provision made under subsection (5)—

(a)

must be laid before the Northern Ireland Assembly after being made,

(b)

take effect on such date as may be specified in the regulations, and

(c)

cease to have effect on the expiry of the period of six months beginning with the day on which they take effect, unless the regulations have been approved during that period by resolution of the Assembly.

Paragraph (c) is without prejudice to the validity of anything done under the regulations or to the making of new regulations.

(7)

Regulations under subsection (4) which do not contain provision made under subsection (5) are subject to negative resolution.

(8)

In this section “subject to negative resolution” has the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(9)

The power of the Department for Communities in Northern Ireland to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Annotations

Commencement

I1

S. 108 in force at Royal Assent, see s. 133(8)