(1) In this Regulation "power" has the same meaning as it has in Regulation 5.

(2) If the power concerned is exercisable by a person (other than the Agency then the person shall consult with the Minister in regard to the matter before the person makes a decision that either -

(a) a proposed exercise of the power will not result in a restriction or limitation of the kind referred to in Regulation 5 taking effect,

or

(b) paragraph (3) of that Regulation applies to such an exercise.

(3) If the basis of such a decision by that person is that Regulation 5(3) applies in the circumstances concerned then, if Regulation 5(3) would otherwise have applied to the exercise of the power concerned, it shall not apply unless the consultation mentioned in paragraph (2) has taken place.