Amendment of the REACH Regulation
1(1)The Secretary of State may by regulations amend the REACH Regulation.
(2)The Secretary of State may make regulations under this paragraph only if the Secretary of State considers that the provision made by the regulations is consistent with Article 1 of the REACH Regulation (aim and scope of the REACH Regulation).
(3)The Secretary of State may not make regulations under this paragraph which amend any protected provision of the REACH Regulation.
(4)But sub-paragraph (3) does not prevent any protected provision of the REACH Regulation from being amended by provision made under this paragraph by virtue of section 143(1)(a).
(5)Before making regulations under this paragraph, the Secretary of State must publish an explanation of why the Secretary of State considers that the provision to be made by the regulations is consistent with Article 1 of the REACH Regulation.
(6)The explanation relating to regulations under this paragraph is to be published—
(a)no later than the time when the Secretary of State begins the consultation on that exercise of the power that is required by paragraph 5, and
(b)in the manner which the Secretary of State considers appropriate.
(7)Regulations under this paragraph are subject to the affirmative procedure.