Social Welfare Consolidation Act 2005

Regulations.

[1993 s4(1)]

4.—(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.

[1993 s4(2)]

(2) Except in so far as this Act otherwise provides, any power conferred by this Act 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 regards the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by 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 in relation to 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.

[1993 s4(3)]

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

[1993 s4(4); 2005 (SW&P) s25 & Sch 3]

(4) The following are subject to the sanction of the Minister for Finance:

(a) regulations for the purposes of sections 2 (2), 13 , 14 , 15 , 16 , 17 , 20 (2)(d), 22 , 23 , 25 (1)(d), 41 (4), 41 (7), 49 , 60 , 62 (3), 62 (5), 62 (7), 64 (6), 70 (3), 71 (7), 71 (8), 71 (9), 99 (3), 108 (6), 108 (7), 109 (8), 109 (11), 109 (14), 109 (16), 114 (6), 114 (7), 115 (4), 115 (5), 115 (7), 119 (1), 119 (2), 120 , 125 (3), 125 (5), 135 (2), 135 (3), 141 (1), 142 (5), 151 , 173 (4), 179 (1), 186 (2)(b), 198 , 232 (2), 232 (3), 233 , 241 (7), 289 , 292 , 297 , 342 and 363 and, in Schedule 3 , Rule 1(2)(b)(iv)(I), (6) and (7) of Part 2, Rule 2(3) of Part 3 and Rule 2 of Part 4 and Reference 14 and 19 in Table 2;

(b) a draft of regulations under any of the provisions mentioned in subsection (5).

[1993 s4(5); 2005 (SW&P) s25 & Sch 3]

(5) Where regulations are proposed to be made for the purposes of section 12 (2), 12 (3), 13 (3)(a), 20 (2)(a), 20 (2)(b), 20 (2)(c), 32 , 41 (6), 58 (3), 64 (5), 101 (2), 109 (7), 115 (3), 119 (6), 125 (2), 131 (2), 135 (2), 262 (3), 263 (1) or 264 (1), or, in Schedule 3 , Rule 4(a) of Part 2, Rule 7 of Part 3 or Rule 2(a) of Part 4, or Schedule 5 , a draft of those regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1993 s4(6); 2005 (SW&P) s26 & Sch 4]

(6) Regulations or rules (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 practicable after they are made and, if a resolution annulling the regulations or rules is passed by either House within the next 21 days on which that House has sat after the regulations or rules have been laid before it, the regulations or rules shall be annulled accordingly, but without prejudice to the validity of anything previously done under those regulations or rules.

[1993 s4(7)]

(7) Where the Minister revokes regulations made under any of the provisions mentioned in subsection (5) and makes regulations which he or she certifies to be substantially to the like effect as the regulations so revoked, a requirement that a draft of the proposed regulations be laid before each House of the Oireachtas shall not apply.