Commentary on Sections

The structure of the Act

Section 5 – Regulations

13.Subsection (1) gives the Scottish Ministers powers to make any incidental, supplementary, consequential, transitional, transitory or saving provisions that may be required, for example, as a result of alterations to definitions in section 4(1).

14.Subsection (2) sets out which regulations under the Act are subject to the affirmative procedure (that is, those that require approval by resolution of the Parliament). Subsection (3) sets out which regulations are subject to the negative procedure (that is, those that may be annulled by resolution of the Parliament).