5.—(1) When the Secretary of State comes to make an order under section 47(1) of the 1995 Act otherwise than in any of the circumstances referred to in regulation 2(3), the Secretary of State will decide that the draft affirmative resolution procedure is to be adopted in connection with the making of the order.
(2) 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 negative resolution procedure is to be adopted instead.