Social Welfare (Consolidation) Act, 1981

General provisions as to regulations.

[1952, s. 3; 1933 UA, s. 7; 1935 WOPS, s. 65; 1942 IU, s. 12; 1944 CA, s. 20; 1966 OI, s. 1 (7); 1975 SWA, s. 21]

3.—(1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Except in so far as this Act otherwise provides, any power conferred thereby to make regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

(b) so as to make, as respects the cases in relation to which it is exercised—

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

(ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition.

(3) Without prejudice to any specific provision in this Act, any regulations may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

(4) The following shall be subject to the sanction of the Minister for Finance—

(a) regulations for the purposes of section 2 (1), 6 , 7 , 11 (1) (d), 13 , 15 , 16 , 19 (4), 30 (4), 38 (8) (9) (10), 73 , 76 (1) (a), 79 (7) (9), 84 (3) (4), 89 (4), 93 (4), 101 (4), 108 (4) (6), 133 , 209 , 210 (3), 269 (6), 286 , 308 or 309 ,

(b) a draft of regulations under section 5 (4) (5), 10 (2), 12 , 19 (3), 25 (2), 30 (3), 79 (6), 84 (2), 89 (3), 93 (3), 97 (2), 101 (3), 105 (3) or 108 (3).

(5) Regulations (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.