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3.—(1) Each of the authorities mentioned in Part I of Schedule 1 is, subject to paragraph (3), a rule-making authority.
(2) In addition, an authority (including an authority having statutory power to regulate the qualifications or conduct of members of a profession of which the authority is representative) is, subject to paragraph (3), a rule-making authority—
(a)if it is designated a rule-making authority for the purposes of this Order by any Act or Measure passed after the commencement of this Order; or
(b)if it is prescribed as a rule-making authority by regulations.
(3) An authority is a rule-making authority by virtue of paragraph (1) or (2) so far as it has power (whether acting alone or together with or with the concurrence, advice or approval of any other authority or person) to make statutory rules.
(4) Except as provided in Article 4( b), an instrument made otherwise than by a rule-making authority shall not be held to be a statutory rule by reason only that it was made with the confirmation, approval or consent of a rule-making authority.
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