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[F1(1)Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or both of them acting jointly that power may be exercised either so as to give effect (with or without modifications) to proposals submitted by the Commission under section 11(2)(d) or independently of any such proposals; but the authority who is to exercise the power shall not exercise it independently of proposals from the Commission unless he has consulted the Commission and such other bodies as appear to him to be appropriate.]
(2)Where the [F2authority who is to exercise any such power as is mentioned in subsection (1) above proposes to exercise that power] so as to give effect to any such proposals as are there mentioned with modifications, he shall, before making the regulations, consult the Commission.
(3)Where the Commission proposes to submit [F3under section 11(2)(d)] any such proposals as are mentioned in subsection (1) above except proposals for the making of regulations under section 43(2), it shall, before so submitting them, consult—
(a)any government department or other body that appears to the Commission to be appropriate (and, in particular, in the case of proposals for the making of regulations under section 18(2), any body representing local authorities that so appears, and, in the case of proposals for the making of regulations relating to the electro-magnetic radiations, [F4the Health Protection Agency]);
(b)such government departments and other bodies, if any, as, in relation to any matter dealt with in the proposals, the Commission is required to consult under this subsection by virtue of directions given to it by the Secretary of State.
F5(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 50(1) substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 16(1)
F2Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 16(2)
F3Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 16(3)
F4Words in s. 50(3)(a) substituted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), s. 11, Sch. 3 para. 5(3), S.I. 2005/121, {art. 2(2)}
F5Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed by Employment Protection Act 1975 (c. 71), Sch. 18
Modifications etc. (not altering text)
C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
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