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The clause sets out the parliamentary process to be followed by the Secretary of State and Welsh Ministers when making regulations under clause 44 alone or in conjunction with regulations made under section 2 of the Pollution Prevention and Control Act 1999.
The first set of regulations made by the Secretary of State and Welsh Ministers will be subject to the affirmative resolution procedure. Any subsequent regulations that create an offence, increase a penalty for an existing offence, or amend or repeal any provision of primary legislation will also be subject to the affirmative resolution procedure. Any other regulations made will be subject to the negative resolution procedure.