s 39 Continuity obligations: consideration and terms
(1) The Secretary of State may by regulations specify matters which are to be or not to be considered in determining— (a) what amounts to reasonable consideration for the purposes of sections 33 to 38 ; (b) what provisions to include in accordance with section 34 (2) (b) or 37 (2) (b) . (2) The Secretary of State may give guarantees or indemnities in respect of consideration for services or facilities provided or to be provided in pursuance of a continuity obligation. (3) Regulations under this section are subject to— (a) the affirmative procedure, or (b) if the Secretary of State thinks it necessary to make regulations without using the affirmative procedure, the made affirmative procedure.