3(1)In Part 4 of EA 2002 (market studies and market investigations), section 181 (orders under Part 4) is amended as follows.
(2)In the heading, after “Orders” insert “and regulations”.
(3)In subsection (1), after “order” insert “or regulations”.
(4)In subsection (2), after “order” insert “or regulations”.
(5)In subsection (4)—
(a)omit “174D(4) or (5)”;
(b)for “section 174D” substitute “section 174A(10)”;
(c)for “shall be subject to annulment in pursuance of a resolution of either House of Parliament” substitute “is subject to the negative procedure”.
(6)After subsection (4) insert—
“(4A)Regulations made under section 167B(9) or 174D(11) are subject to the negative procedure.”
(7)In subsection (5)—
(a)for “No order shall be made” substitute “An order made”;
(b)for “unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament” substitute “is subject to the affirmative procedure”.
(8)After subsection (5)—
“(5A)Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure.
(5B)Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.”
(9)In subsection (10), for “174D” substitute “174A(10)”.
(10)After subsection (10) insert—
“(11)Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(12)Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.”