Part 2Emergency powers
25Establishment of tribunal
1
Emergency regulations which establish a tribunal may not be made unless a senior Minister of the Crown has consulted the F1Administrative Justice and Tribunals Council .
2
But—
a
a senior Minister of the Crown may disapply subsection (1) if necessary by reason of urgency,
b
subsection (1) shall not apply where the F1Administrative Justice and Tribunals Council have consented to the establishment of the Tribunal, and
c
a failure to satisfy subsection (1) shall not affect the validity of regulations.
3
Where the F1Administrative Justice and Tribunals Council are consulted by a senior Minister of the Crown under subsection (1)—
a
the Council shall make a report to the Minister, and
b
the Minister shall not make the emergency regulations to which the consultation relates before receiving the Council’s report.
4
But—
a
a senior Minister of the Crown may disapply subsection (3)(b) if necessary by reason of urgency, and
b
a failure to comply with subsection (3)(b) shall not affect the validity of regulations.
5
Where a senior Minister of the Crown receives a report under subsection (3)(a) he shall lay before Parliament as soon as is reasonably practicable after the making of the regulations to which the report relates—
a
a copy of the report,
b
a statement of the extent to which the regulations give effect to any recommendations in the report, and
c
an explanation for any departure from recommendations in the report.
6
Where a senior Minister of the Crown makes emergency regulations without consulting the F1Administrative Justice and Tribunals Council(in reliance on subsection (2)(a))—
a
he shall consult the Council about the regulations as soon as reasonably practicable after they are made,
b
the Council shall make a report to the Minister, and
c
subsection (5) shall apply (with any necessary modifications).