Regulation 2 Orders under section 47 of the 1995 Act which are normally subject to the negative resolution procedure
When the Secretary of State comes to make an order under section 47(1) of the 1995 Act in any of the circumstances referred to in paragraph (3), the Secretary of State will decide that the negative resolution procedure is to be adopted in connection with the making of the order.
But having regard to representations by the Disabled Persons Transport Advisory Committee in response to consultation under section 67A(1) of the 1995 Act, the Secretary of State may decide that the draft affirmative resolution procedure is to be adopted instead.
The circumstances referred to in paragraph (1) are where—
the order meets any of the qualification criteria listed in regulation 3(1) (which relates to existing vehicles and minor amendments etc) but does not meet any of the disqualification criteria listed in regulation 3(2),
the order meets either of the qualification criteria listed in regulation 4(1) (which relates to vehicles used on exempt networks and historical vehicles etc) but does not meet any of the disqualification criteria listed in regulation 4(2),
the order is made solely to revoke an order, to remove an exemption or to reduce the scope of an exemption, or
the effects of the order could be achieved by one or more orders (each an “alternative order”), and each alternative order would fall within sub-paragraph (a), (b) or (c).