Power to make a justification decision4
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 20065;
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 19986;
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 19987.
3
Regulations under this regulation may—
a
make different provision for different purposes;
b
make transitional provision.