Explanatory Notes

Public Bodies Act 2011

2011 CHAPTER 24

14th December 2011

Commentary

Part 1: General Order-Making Powers

Section 8: Purpose and conditions

27.Subsection (1) stipulates that a Minister may only make an order under sections 1 to 5 if the Minister considers that the order will serve the purpose of improving the exercise of public functions, having regard to the matters described in subsection (1)(a) to (d).

28.Subsection (2) places restrictions on orders made by a Minister in that the Minister may only make an order under sections 1 to 5 if the Minister considers that it does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.