Section 30(2)

A relevant authority may only make regulations under section 28 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 a Northern Ireland Department or the Secretary of State could make the same provision in exercise of power under a statutory provision other than section 28, 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