4. In section 40 (power to issue codes of practice) —
(a)in subsection (4)(a) there shall be inserted at the beginning the words “subject to subsection (4B) below,”;
(b)after subsection (4A) there shall be inserted —
“(4B) Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.”.