Section 22(2)

The Secretary of State may only make regulations under section 20 if satisfied— that the need for the provision made by the regulations is urgent, that the provision made by the regulations is proportionate to the purpose for which it is made, that it is not practicable without legislation to bring about the result intended to be brought about by that provision, and if the Secretary of State could make the same provision in other subordinate legislation, that doing so would risk not achieving the purpose for which the regulations are made (because of possible delay or for any other reason).

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Source: legislation.gov.uk · retrieved 2026-09-04