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Criminal Justice (Scotland) Act 2003, Section 88 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument; and subject to subsection (2) a statutory instrument containing any such order or regulations, other than an order under section 89(2), is subject to annulment in pursuance of a resolution of the Parliament.
(2)A statutory instrument containing an order under section—
(a)6(1)(b), 11(1), 14(1) [F1or (2)], 14(12) (including as applied to section 16(5)), 16(4) [F2, 18B] or 42(5); or
(b)[F314(13) or] 84 which amends or repeals any part of an Act,
is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
Textual Amendments
F1Words in s. 88(2)(a) inserted (18.3.2021) by The Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 (S.S.I. 2021/150), arts. 1(2), 2(3)
F2Word in s. 88 inserted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 59(3), 61(2); S.S.I. 2017/234, art. 2(2)(b)
F3Words in s. 88(2)(b) inserted (10.2.2021) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(14), 34; S.S.I. 2020/405, art. 2(a)
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