Part 5: Regulations under Parts 1, 2, 3 and 4 Section 47: Procedure
This section provides that when the powers to make regulations in Parts 1 to 4 are exercised by the Secretary of State alone or acting jointly with a Northern Ireland department, they are to be exercised by statutory instrument. If exercised by a Northern Ireland department alone, the powers in sections 2 and 10 will be exercisable by statutory rule.
	Subsection (3) refers to a table that sets out the procedure for making regulations under Parts 1 to 4. For the vast majority of regulations made under the Bill the applicable procedure is the draft affirmative procedure. The exceptions to this are Regulations that only contain provision made in reliance on sections 6(1)(a), 12(1)(a), 17(1)(a), or paragraph 9 of Schedule 2; these are subject to the negative procedure. Regulations containing provision made in reliance on sections 7 and 18 are subject to the made affirmative procedure where the regulations contain a declaration that the person making them considers that they need to be made urgently to protect the public from an imminent risk of serious harm to health. Without that declaration, those regulations are subject to the draft affirmative procedure. The table provides that Regulations containing provision made in reliance on any other provision of Parts 1 to 4 are subject to the draft affirmative procedure. This would include for example regulations made under sections 1, 19 and 20, and regulations made under section 2 that rely on sections 3 to 5, 6(1)(b) or (c).
	Subsection (4) provides that provision that may be made in regulations subject to the negative procedure may be included in regulations subject to the draft affirmative procedure. For example, regulatory changes made under section 15 relying on section 17(1)(a) (that on its own would be subject to the negative procedure), may be made in regulations containing provision relying on another section, for example section 16 – in this situation such a set of Regulations are subject to the draft affirmative procedure.
	Subsection (5) sets out the negative procedure.
	Subsection (6) sets out the draft affirmative procedure.
	Subsection (7) sets out the made affirmative procedure.
	Subsections (8) and (9) detail how to calculate the periods of 40 days referred to the made affirmative procedure (in subsection (7)).
	Subsection (10) provides that if as a result of subsection (7) regulations cease to have effect at the end of the period of 40 days, that does not invalidate anything previously done under those regulations and it does not prevent new regulations being made.