Legislation – Public Service Pensions and Judicial Offices Act 2022

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PART 4General

129Regulations and directions

(1)

Regulations under any provision of this Act may make—

(a)

consequential, supplementary, incidental, transitional, or saving provision;

(b)

different provision for different cases or purposes.

(2)

Regulations under this Act made by the Treasury or the Lord Chancellor are to be made by statutory instrument.

(3)

A power or duty of a Northern Ireland department to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4)

In this Act “the affirmative procedure” means—

(a)

in the case of regulations made by the Treasury or the Lord Chancellor, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament;

(b)

in the case of regulations made by the Welsh Ministers, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, Senedd Cymru;

(c)

in the case of regulations made by a Northern Ireland department, that the regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(5)

In this Act “the negative procedure” means—

(a)

in the case of regulations made by the Treasury or the Lord Chancellor, that the instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

in the case of regulations made by the Welsh Ministers, that the instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c)

in the case of regulations made by a Northern Ireland department, that the regulations are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) (c. 33 (N.I.)).

(6)

Any provision that may be made by regulations under this Act subject to the negative procedure may be made by regulations subject to the affirmative procedure.

(7)

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4)(c) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(8)

The preceding subsections do not apply in relation to—

(a)

scheme regulations for a Chapter 1 scheme (within the meaning of Chapter 1 of Part 1),

(b)

scheme regulations for a judicial scheme (within the meaning of Chapter 2 of Part 1),

(c)

scheme regulations for a local government scheme (within the meaning of Chapter 3 of Part 1), or

(d)

regulations under section 131.

(9)

Directions given under this Act by the Treasury or the Department of Finance in Northern Ireland may be varied or revoked.