Social Welfare (Consolidation) Act, 1993

General provisions as to regulations.

[1981, s. 3(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.

[1981, s. 3(2)]

(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.

[1981, s. 3(3)]

(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.

[1981, s. 4(4)(a); 1984, ss. 8, 14; 1985 (No. 2), s. 3; 1986, s. 11(2); 1988, ss. 17(a), 28(1), 30; 1989, s. 29; 1990, s. 51; 1991, s. 57; 1992, ss. 13, 19(4), 51; 1993, ss. 9, 13(1), 31(1)]

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

(a) regulations for the purposes of section 2(2), 10, 11, 12, 13, 14, 17(2)(d), 19, 20, 22(1)(d), 32(3), 32(6), 39, 42(2), 42(4), 43(5), 50(7), 50(8), 50(9), 80(1), 82(1)(a), 82(2), 83(5), 83(6), 84(7), 84(9), 84(12), 84(14), 88(6), 88(7), 89(3), 89(4), 89(6), 96(1), 96(2), 97, 101(3), 101(9), 110(1)(c), 111(3), 111(8), 115(3), 115(5), 120(1), 121(5), 129, 163(1), 169(2)(b), 179, 202(2), 202(3), 203(1), 239, 241, 282, 303, Rule 1(2)(m) of Part I of the Third Schedule , Rule 3(3) of Part II of the Third Schedule and Rule 2 of Part III of the Third Schedule ,

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

[1981, ss. 5(6), 10(2)(c), 12, 19(3), 30(3), 76(3), 79(6), 84(2), 89(3), 93(3), 97(2), 101(3), 108(3); 1988, s. 11; 1992, s. 19(1)]

(5) Where regulations are proposed to be made for the purposes of section 9(2), 9(3), 10(2)(a), 17(2)(a), 17(2)(b), 17(2)(c), 18(1)(f), 26, 32(5), 38(2), 43(4), 82(1)(c), 82(1)(d), 84(6), 89(2), 96(6), 101(2), 107(2), 111(2) or 115(2), a draft thereof 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.

[1981, ss. 3(5), 224(3)]

(6) Regulations or rules (not being regulations or rules 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 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 thereunder.

[1986, s. 22]

(7) Where the Minister revokes regulations made under any of the provisions mentioned in subsection (5) and makes regulations which he 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.