Trading Section 26: Section 25: supplemental
65.Subsection (1) sets out in more detail what restrictions and flexibilities will apply to regulations made under section 25. In particular, the regulations may disapply existing legislation in relation to street trading (including legislation about markets) and exceptions to the application of the regulations may be provided. For example, exceptions may be provided to permit certain news vendors and milk floats to trade in the vicinity of venues. Exceptions may also allow charitable sales. Subsection (2) applies the affirmative resolution procedure to these regulations. Subsection (3) requires the Secretary of State to, before making regulations, consult those authorities responsible for licensing relevant trading, the ODA, LOCOG and persons representing interests likely to be affected by the regulations. Subsection (4) gives these regulations precedence over any other trading licence granted before or after the regulations are made, including rights granted under enactments and Charters. Subsection (5) prevents the regulations from being subject to the process that is applied to hybrid instruments. Very broadly, a hybrid provision is one that has characteristics of both a public and a private provision.