Part 2

Emergency powers

Power to make emergency regulations
20
1
Her Majesty may by Order in Council make emergency regulations if satisfied that the conditions in section 21 are satisfied.
2
A senior Minister of the Crown may make emergency regulations if satisfied—
a
that the conditions in section 21 are satisfied, and
b
that it would not be possible, without serious delay, to arrange for an Order in Council under subsection (1).
3
In this Part “senior Minister of the Crown” means—
a
the First Lord of the Treasury (the Prime Minister),
b
any of Her Majesty’s Principal Secretaries of State, and
c
the Commissioners of Her Majesty’s Treasury.
4
In this Part “serious delay” means a delay that might—
a
cause serious damage, or
b
seriously obstruct the prevention, control or mitigation of serious damage.
5
Regulations under this section must be prefaced by a statement by the person making the regulations—
a
specifying the nature of the emergency in respect of which the regulations are made, and
b
declaring that the person making the regulations—
i
is satisfied that the conditions in section 21 are met,
ii
is satisfied that the regulations contain only provision which is appropriate for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency in respect of which the regulations are made,
iii
is satisfied that the effect of the regulations is in due proportion to that aspect or effect of the emergency,
iv
is satisfied that the regulations are compatible with the Convention rights (within the meaning of section 1 of the Human Rights Act 1998 (c. 42)), and
v
in the case of regulations made under subsection (2), is satisfied as to the matter specified in subsection (2)(b).