Health Minister Robin Swann has written to other Stormont ministers asking for their input before he makes any decisions on easing remaining Covid restrictions in Northern Ireland.
Mr Swann took the step after receiving legal advice from Attorney General Brenda King which highlighted potential legal complications of him acting without the wider endorsement of an Executive.
Mr Swann sought the guidance following the resignation of first minister Paul Givan last week, which also removed deputy first minister Michelle O’Neill from the joint office.
While the remaining ministers are still in post, they are unable introduce any new business, and can only progress work already in the system.
The Covid-19 regulations are not due to expire until March 24, but were previously reviewed by the Executive every three weeks.
Executive approval is ordinarily required for decisions that are significant, controversial or cross cutting.
A letter sent by Mr Swann to other ministers, seen by the PA news agency, said he would now assess whether his proposals to replace restrictions with guidance cross those three thresholds.
His letter stated: “As part of my own consideration, I want to seek colleagues’ input as to whether any or all of these changes should, in your view, be considered to meet any of these three tests.
“It may be the case that I have the power to amend some, but not all of the restrictions without reference to the Executive, because they do not, individually meet the threshold for one or more of these criteria.
“In which case, I believe it may be appropriate to consider where it may be possible to act at this stage, even if I am not able to make a decision in respect of all of the remaining restrictions.”
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