Regulation 4 Power to make a justification decision

(1)

Subject to paragraph (2), the Justifying Authority may by regulations make—

(a)

a positive justification decision; or

(b)

a minor justification decision.

(2)

Regulations may not be made under this regulation—

(a)

by the Welsh Ministers, unless justifying the class or type of practice involved falls within devolved competence, within the meaning of section 58A of the Government of Wales Act 2006^f1;

(b)

by a Northern Ireland department, unless in relation to Northern Ireland and justifying the class or type of practice involved is a transferred matter, within the meaning of section 4 of the Northern Ireland Act 1998^f2;

(c)

by the Scottish Ministers, unless justifying the class or type of practice involved falls within devolved competence, within the meaning of section 54 of the Scotland Act 1998^f3.

(3)

Regulations under this regulation may—

(a)

make different provision for different purposes;

(b)

make transitional provision.

Annotations

Footnotes

f1: 2006 c. 32. Section 58A is inserted by section 19(1) of the Wales Act 2017 (c. 4).
f2: 1998 c. 47, to which there are amendments not relevant to these Regulations.
f3: 1998 c. 46, to which there are amendments not relevant to these Regulations.