5. In section 48 (regulations and orders) —
(a)in subsection (4) there shall be inserted at the beginning the words “Subject to subsection (4C) below,”;
(b)after subsection (4B) there shall be inserted —
“(4C) Subsection (4) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.”.