Part 3General provision

40Orders and regulations

1

Any power of the Scottish Ministers under this Act to make an order or regulations is exercisable by statutory instrument.

2

Any such power includes a power to make—

a

such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,

b

different provision for different purposes.

3

Unless subsection (4) makes contrary provision, a statutory instrument containing an order (other than an order made under section 43) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

4

An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or, as the case may be, the regulations has been laid before, and approved by a resolution of, the Scottish Parliament—

  • section 24

  • section 35(3)

  • section 42 (but only if the order contains provisions which add to, replace or omit any part of the text of an Act)

  • paragraphs 3, 4, 10 and 11 of schedule 1.