Section 54(5)

Regulations made by a relevant national authority under Schedule 8 are subject to the affirmative procedure if they— are the first regulations under paragraph 1, or the first regulations under paragraph 5, made by the authority; provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by the authority under that Schedule; provide for conduct to be subject to a civil sanction (within the meaning given by paragraph 5(3) of that Schedule) which is not subject to a civil sanction under existing regulations made by the authority under that Schedule; increase the amount or maximum amount of a fine or monetary penalty, or change the basis on which such an amount or maximum is to be determined.

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Source: legislation.gov.uk · retrieved 2026-07-30