Section 45D Restrictions on power to make regulations under section 45CF1

(1)

Regulations under section 45C may not include provision imposing a restriction or requirement by virtue of subsection (3)(c) of that section unless the appropriate Minister considers, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

(2)

Regulations under section 45C may not include provision enabling the imposition of a restriction or requirement by virtue of subsection (3)(c) of that section unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

(3)

Regulations under section 45C may not include provision imposing a special restriction or requirement mentioned in section 45G(2)(a), (b), (c) or (d).

(4)

Regulations under section 45C may not include provision enabling the imposition of a special restriction or requirement unless—

(a)

the regulations are made in response to a serious and imminent threat to public health, or

(b)

imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.

(5)

For the purposes of this section—

(a)

regulations “enable the imposition of a restriction or requirement” if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the appropriate Minister, a local authority or other person;

(b)

regulations “impose a restriction or requirement” if the restriction or requirement is imposed without any such decision.

Annotations

Textual amendments

F1: Pt. 2A inserted (21.7.2008 for specified purposes, 1.4.2009 for the insertion, insofar as relating to E., of ss. 45A, 45C, 45D, 45E, 45F, 45P, 45Q, 45R, 45S and 45T, otherwise 6.4.2010 for E. and 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), ss. 129, 170(1)(b); S.I. 2009/462, art. 3; S.I. 2010/708, art. 6(a) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)