OpenLegislation

Section 25 Regulations and ordersC1F4

United Kingdom

I1I2(1)

Any power under this Part to make regulations F1or an order shall be exercisable by statutory instrument.

(2)

Any such power may be exercised—

(a)

in relation to all cases to which it extends,

I3(b)

in relation to those cases subject to specified exceptions, or

(c)

in relation to any specified cases or classes of case.

(3)

Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—

(a)

the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(b)

the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Part;

(c)

any such provision either unconditionally or subject to any specified condition.

(4)

Where any such power is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.

(5)

Any such power includes power—

(a)

to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Secretary of State to be expedient;

(b)

to provide for a person to exercise a discretion in dealing with any matter.

I4(6)

Without prejudice to the generality of the provisions of this section, regulations under any of sections 11 F2to 15 to 11J F3... may make provision which applies only in relation to an area or areas specified in the regulations.

(7)

The fact that a power to make regulations is conferred by this Part is not to be taken to prejudice the extent of any other power to make regulations so conferred.

Annotations

Textual amendments

F1

Words in s. 25(1) inserted (20.3.2012 for specified purposes, 1.5.2012 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 51(2)(b), 150(3); S.I. 2012/863, art. 2(1)(b)(2)(a)

F2

Words in s. 25(6) substituted (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 57(5), 150(3); S.I. 2013/983, art. 7(1)(d) (with art. 7(3)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F3

Words in s. 25(6) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(b), Sch. 14 Pt. 6

F4

Words in s. 25 heading inserted (20.3.2012 for specified purposes, 1.5.2012 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 51(2)(a), 150(3); S.I. 2012/863, art. 2(1)(b)(2)(a)

Modifications

C1

Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))

Commencement

I1

S. 25(1)-(5) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)

I2

S. 25(1)-(5) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(a)

I3

S. 25(2)(b) in force at 27.7.2008 in so far as not already in force by S.I. 2008/787, art. 2(3)(b)

I4

S. 25(6)(7) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(a)

Notes on Part 1

Modifications

C2

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(2)(a), Sch. 1

C3

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C4

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C5

Pt. 1 applied (with modifications (as amended)) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(a), Sch. 2; (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(4)

C6

Pt. 1 modified (22.2.2012) by The Social Security (Reciprocal Agreements) Order 2012 (S.I. 2012/360), arts. 1, 2, Sch. 1, Sch. 2

C7

Pt. 1 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(f), Sch.

C8

Pt. 1 applied (with modifications) (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) by The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016 (S.I. 2016/1050), reg. 2(2)

C9

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C10

Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))

C11

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C12

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.