Schedule 11: Construction products regulations Paragraph 23 - Procedure
This paragraph provides that regulations under this Act are to be made by statutory instrument. Regulations that create the list of safety critical products or remove any products from the list, or which create any criminal offences are subject to the affirmative procedure. Otherwise, they are subject to the negative procedure. Where regulations include provisions which are separately subject to the affirmative and negative procedure, then such regulations will be subject to the affirmative procedure. This paragraph also enables a statutory instrument to contain both construction products regulations and regulations relating to costs contribution orders, provided that it is made using the draft affirmative procedure.