Commentary Part 1: General Order-Making Powers Section 7: Restrictions on Ministerial powers
26.Section 7 imposes restrictions on the use of the order-making powers conferred on Ministers by sections 1 to 5. Subsection (1) stipulates that an order must not prevent an affected function from being exercised independently of Ministers in any of the cases set out in subsection (2). Subsection (3) requires that provision made by an order made under sections 1 to 5 must be proportionate to the reasons for the order. The reasons for the order will be set out in the explanatory document which accompanies an order, as required by section 11(2).