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(1)Subject to subsection (5) below any power to make regulations conferred on the Secretary of State by any of the relevant statutory provisions may be exercised by him either so as to give effect (with or without modifications) to proposals for the making of regulations by him under that power submitted to him by the Commission or independently of any such proposals, but before making any regulations under any of those provisions independently of any such proposals the Secretary of State shall consult the Commission and such other bodies as appear to him to be appropriate.
(2)Where the Secretary of State proposes to exercise any such power as is mentioned in the preceding subsection 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 to the Secretary of State 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 electro-magnetic radiations, the National Radiological Protection Board);
(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.
(4)Where the Minister of Agriculture, Fisheries and Food and the Secretary of State or either of them propose or proposes to make any regulations under any of the relevant statutory provisions, they or he shall before making the regulations consult the Commission and such other bodies as appear to them or him to be appropriate.
(5)Subsections (1) to (3) above shall not apply to any power of the Secretary of State to make regulations which is capable of being exercised by him for Great Britain jointly with the Minister of Agriculture, Fisheries and Food.
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