Section 94 RegulationsI1

England, Wales and Scotland

(1)

Regulations under this Part are to be made by the Secretary of State.

(2)

A power to make regulations under this Part may be exercised—

(a)

so as to make different provision for different cases or purposes;

(b)

in relation to all or only some of the cases or purposes for which it may be exercised.

(3)

Such a power includes—

(a)

power to make incidental, supplementary, consequential or transitional provision or savings;

(b)

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

(4)

The power under subsection (2)(a) includes, in particular, power to make different provision for persons of different ages.

(5)

Regulations under this Part are to be made by statutory instrument.

(6)

A statutory instrument containing (whether alone or with other provision) any of the following—

(a)

the first regulations under section 78(4) or 79(4);

(b)

the first regulations under section 80;

(c)

the first regulations under that section containing provision about assessment of persons under the age of 16,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)

Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Commencement

I1: S. 94 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 33

Notes on Part 4

Modifications

C1: Pt. 4 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(g), Sch.
C2: Pt. 4 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)
C3: Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
C4: Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
C5: Pt. 4 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))
C6: Pts. 1, 4 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.
C7: Pts. 1, 4 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.