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(1)A Minister may not make provision under section 1(1) or 2(1), other than provision which merely restates an enactment, unless he considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.
(2)Those conditions are that—
(a)the policy objective intended to be secured by the provision could not be satisfactorily secured by non-legislative means;
(b)the effect of the provision is proportionate to the policy objective;
(c)the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;
(d)the provision does not remove any necessary protection;
(e)the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
(f)the provision is not of constitutional significance.
(3)A Minister may not make provision under section 1(1) or 2(1) which merely restates an enactment unless he considers that the condition in subsection (4) is satisfied in relation to that provision.
(4)That condition is that the provision made would make the law more accessible or more easily understood.
(5)In this section and sections 4 to 7, to “restate” an enactment means to replace it with alterations only of form or arrangement (and for these purposes to remove an ambiguity is to make an alteration other than one of form or arrangement).
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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