Social Security Act 1990

Parliamentary control of regulations and orders U.K.

8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

(2) In section 62 of the Pensions Act, for subsections (1) and (2) there shall be substituted—

“(1) Section 167 of the principal Act shall have effect as if, in subsection (1) (statutory instruments requiring affirmative parliamentary procedure), there were included in paragraph (a) a reference to regulations made by virtue of section 3 above.

(2) Subsection (3) of the said section 167 (statutory instruments subject to annulment) shall have effect as if in paragraph (a), after the words “other than” there were inserted the words “ an order which, under any provision of the Pensions Act, is required to be laid before Parliament after being made or ””.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4) In section 24(5) of the M1 Social Security (Miscellaneous Provisions) Act 1977 for the words “containing regulations” there shall be substituted—

“(a) which contains (whether alone or with other provisions) any regulations, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(6) In section 7 of that Act, for subsection (4) there shall be substituted—

“(4) A statutory instrument—

(a) which contains (whether alone or with other provisions) any regulations under this Act, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(7),(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(9) In section 83 of the 1986 Act, for subsection (4) there shall be substituted—

“(4) A statutory instrument—

(a) which contains (whether alone or with other provisions) orders or regulations under this Act, other than orders under section 88 below, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(10) After section 15 of the M2 Social Security Act 1988 there shall be inserted the following section—

“15A Regulations and orders etc.

(1) Section 166(1) to (3A) of the Social Security Act 1975 (regulations and orders: general provisions) shall apply in relation to any power conferred by any provision of this Act to make orders or regulations under this Act as they apply in relation to any power conferred by that Act to make orders or regulations, but as if for references to that Act there were substituted references to this Act.

(2) A statutory instrument—

(a) which contains (whether alone or with other provisions) any orders or regulations under this Act, other than orders under section 18 below, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In this Act—

• “prescribe” means prescribe by regulations; and

• “regulations” means regulations made under this Act by the Secretary of State.”

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(12) In section 29 of the 1989 Act, for subsection (3) there shall be substituted—

“(3) A statutory instrument—

(a) which contains (whether alone or with other provisions) any regulations or orders under this Act, other than orders under section 33 below, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.”;

and, in consequence, subsection (4) shall cease to have effect.

Textual Amendments

F1 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Modifications etc. (not altering text)

C1 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

Marginal Citations

M1 1977 c. 5.

M2 1988 c. 7.