In section 38 [Section 38 was amended by section 40 of, and paragraphs 1 and 22 of Schedule 5 and paragraphs 8 and 10 of Schedule 15 to, the Enterprise and Regulatory Reform Act 2013, paragraph 65 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4) and S.I. 2004/1261. There are other amendments to section 38 but none is relevant to these Regulations.] -

(a) in subsection (1), for the words from "the Chapter 1 prohibition" to the end substitute "the Chapter 1 prohibition or the Chapter 2 prohibition.";

(b) omit subsection (1A);

(c) omit subsections (9) and (10).