Introduction Section 1: Power to make provision in connection with social security, child support maintenance and arrangements for employment in Northern Ireland
9. Subsections (1) and (2) allow for provision about social security, child support maintenance and arrangements for employment in Northern Ireland to be made by the United Kingdom Government by Order in Council. Such an Order can also provide for further details to be set out in regulations or orders made by the Secretary of State or a Northern Ireland department. The provision does not prevent, for example, the Department for Social Development in Northern Ireland from making their own legislation on these matters in future provided that the Northern Ireland Assembly can pass such legislation.
10. Subsection (3)(a) to (d) will allow for an Order in Council made under this Act, and any regulations or orders made under an Order in Council, to: amend or repeal an enactment; apply any enactment as drafted or with relevant modifications; allow a person to exercise a discretion when dealing with any matter; and create or amend criminal offences or impose or amend penalties for non-compliance.
11. Subsection (3)(e) enables an Order in Council or orders or regulations to make different provision for different cases or purposes. For example, this could be used in the implementation and delivery of welfare reform if, as in the rest of the United Kingdom, Universal Credit is rolled out gradually in Northern Ireland.
12. Subsection (3)(f) enables an Order in Council or orders or regulations to make incidental, supplementary, consequential, transitory or transitional provisions or savings. For example, the ‘consequential’ part of the power will allow for provision to be made on any matter which is necessary in consequence of changes or reforms implemented under the Act. The ‘savings’ provisions can be used to limit the extent of a repeal and ‘save’ some provisions (i.e. keep them in force) in relation to certain cases/ classes/ jurisdiction.
13. Subsection (4) sets out the procedure for making the regulations or orders that are made under the powers contained in the Order in Council.
14. Subsection (5) provides that the Order in Council is subject to the affirmative resolution procedure.
15. Subsection (6) provides definitions.