(1)Before making regulations under section 36 or 38, the Secretary of State must consult—
(a)the Scottish Ministers,
(b)the Welsh Ministers,
(c)the Northern Ireland department, and
(d)such other persons likely to be affected by the regulations as the Secretary of State considers appropriate.
(2)Regulations under section 36 or 38 are subject to the affirmative resolution procedure if they contain provision—
(a)amending or repealing primary legislation;
(b)imposing fees;
(c)creating a criminal offence or increasing the penalty for, or widening the scope of, a criminal offence; or
(d)conferring functions on, modifying functions of, or otherwise relating to the regulation of—
(i)a producer organisation in the United Kingdom, or
(ii)an inter-branch organisation in the United Kingdom.
(3)Subject to subsection (2), regulations under section 36 or 38 are subject to the negative resolution procedure.