Legislative burdens

Preconditions
2
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.