The Health Minister alone cannot lift Northern Ireland's remaining Covid-19 restrictions, Stormont lawyers at have advised.
Robin Swann has written to other ministers asking for their input before he makes any decisions after receiving the legal advice on Thursday.
It suggests that because the issue would be deemed significant under the ministerial code, proceeding without wider Stormont Executive approval could bring legal risk.
Mr Swann wants to hear from the other ministers by Monday.
He sought legal guidance following the resignation of First Minister Paul Givan last week, which also removed Deputy First Minister Michelle O'Neill from the joint office.
The resignation means the power-sharing Executive cannot meet and while other 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 five-party Executive every three weeks.
Executive approval is ordinarily required for decisions that are significant, controversial or cross cutting.
In a letter to other ministers, Mr Swann said he would now assess whether his proposals to replace restrictions with guidance cross those thresholds.
His letter said: "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."
Mr Swann said he had warned that decisions on amending restrictions may not be "straight-forward" and "that has proven to be the case".
He added: "This is a situation not of my making and it is matter of deep regret that we do not have collective Executive leadership to take our society forward to a new phase in the pandemic response."
On Thursday afternoon, Mr Swann had confirmed he had received "detailed legal advice on the factors that need to be considered when seeking to amend Executive Covid regulations in the absence of an Executive".
He added: "This advice is now being given careful consideration and it is my intention to engage with ministerial colleagues."
Sinn Féin vice-president Ms O'Neill said there is a "real prospect" that Covid restrictions may have to remain in place following the legal advice received by Mr Swann.
She said: "This is the direct consequence of the DUP stunt last week, them walking away whenever the rest of us are trying to deal with the pandemic.
"This is the outworking of what the DUP have done."
However, DUP leader Sir Jeffrey Donaldson insisted Mr Swann does have the legal authority to remove the restrictions and said it does not need to be a collective decision.
Speaking in Co Down, Sir Jeffrey said: "The Health Minister does have the legal authority to take decisions on this matter.
"The advice he has been given is that he should consult with other ministers before taking decisions.
"There is no suggestion, as far as I understand it that this needs to be a collective decision.
"The Health Minister will consult with other ministers and I hope that happens quickly.
"We support the further easing of Covid restrictions and frankly the sooner that happens the better."
