Part 2

Emergency powers

Conditions for making emergency regulations
21
1
This section specifies the conditions mentioned in section 20.
2
The first condition is that an emergency has occurred, is occurring or is about to occur.
3
The second condition is that it is necessary to make provision for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency.
4
The third condition is that the need for provision referred to in subsection (3) is urgent.
5
For the purpose of subsection (3) provision which is the same as an enactment (“the existing legislation”) is necessary if, in particular—
a
the existing legislation cannot be relied upon without the risk of serious delay,
b
it is not possible without the risk of serious delay to ascertain whether the existing legislation can be relied upon, or
c
the existing legislation might be insufficiently effective.
6
For the purpose of subsection (3) provision which could be made under an enactment other than section 20 (“the existing legislation”) is necessary if, in particular—
a
the provision cannot be made under the existing legislation without the risk of serious delay,
b
it is not possible without the risk of serious delay to ascertain whether the provision can be made under the existing legislation, or
c
the provision might be insufficiently effective if made under the existing legislation.