(1)An order under section 1 may be made only if the Minister making the order is of the opinion that the order does not—
(a)remove any necessary protection, or
(b)prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise.
(2)An order under section 1 may create a burden affecting any person in the carrying on of an activity only if the Minister is of the opinion—
(a)that the provisions of the order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burden being created, and
(b)that the extent to which the order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for the order to be made.
(3)If an order under section 1 creates a new criminal offence, then, subject to subsection (4), that offence shall not be punishable—
(a)on indictment with imprisonment for a term exceeding two years, or
(b)on summary conviction with imprisonment for a term exceeding six months or a fine exceeding level 5 on the standard scale.
(4)In the case of an offence which, if committed by an adult, is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of—
(a)Part V of the Criminal Justice Act 1988 (c. 33), or
(b)section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995 (c. 46),
the reference in subsection (3)(b) to level 5 on the standard scale is to be construed as a reference to the statutory maximum.
(5)An order under section 1 shall not contain any provision—
(a)providing for any forcible entry, search or seizure, or
(b)compelling the giving of evidence,
unless a provision to that effect is contained in an enactment repealed by the order and the powers conferred by the provision to that effect contained in the order are exercisable for the same purposes as the powers conferred by the repealed enactment or for purposes of a like nature.