(1) This article applies to rules which contain provisions which have been the subject of relevant prior consultation and to guidance on any such rules.

(2) Where the Authority makes rules or gives guidance to which this article applies, the Authority is to be treated as having complied with section 155 of the Act in relation to those rules or in relation to that guidance.

(3) "Relevant prior consultation" means consultation which -

(a) took place prior to commencement;

(b) was undertaken in relation to an existing provision; and

(c) complies with the requirements of section 5 of the Regulatory Reform Act 2001 [2001 c. 6.].

(4) A provision is to be treated as having been the subject of relevant prior consultation if it achieves the result proposed in the relevant prior consultation, even if it achieves that result in a different way to that proposed in the relevant prior consultation (for example, by way of a rule rather than by way of an amendment to an existing provision).

(5) In making rules or giving guidance to which this article applies, the Authority must take into account any responses to the relevant prior consultation.

(6) The Authority must, when it makes rules or gives guidance to which this article applies, publish -