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Legislative burdens

2Preconditions

(1)The Archbishops’ Council may include provision in an order under section 1 only if the Council considers—

(a)that the policy objective intended to be secured by that provision of the order could not be satisfactorily secured by non-legislative means,

(b)that the effect of that provision is proportionate to the policy objective to be secured by it,

(c)that the provision, taken as a whole, strikes a fair balance between the public interest, the interest of the Church of England as a whole and the interests of any person adversely affected by the provision,

(d)that the provision does not remove any necessary protection,

(e)that the provision does not prevent a person from receiving or continuing to receive a financial benefit to which the person is entitled or could reasonably expect to become entitled,

(f)that the provision does not prevent a person from exercising or continuing to exercise a right or freedom which that person could reasonably expect to exercise or to continue to exercise, and

(g)that the provision is not of constitutional significance.

(2)Subsection (1) does not apply to provision which merely restates an enactment.