Chwilio Deddfwriaeth

Scotland Act 1998

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 113

 Help about opening options

Version Superseded: 31/10/2012

Status:

Point in time view as at 11/05/2001. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Scotland Act 1998, Section 113. Help about Changes to Legislation

113 Subordinate legislation: scope of powers.U.K.

This adran has no associated Nodiadau Esboniadol

(1)References in this section to a power are to an open power and to any other power to make subordinate legislation conferred by this Act which is exercisable by Her Majesty in Council or by a Minister of the Crown, and include a power as extended by this section.

(2)A power may be exercised so as to make different provision for different purposes.

(3)A power (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to—

(a)those cases subject to specified exceptions, or

(b)any particular case or class of case.

(4)A power includes power to make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitory, transitional or saving provision,

which the person making the legislation considers necessary or expedient.

(5)A power may be exercised by modifying—

(a)any enactment or prerogative instrument,

(b)any other instrument or document,

if the subordinate legislation (or a statutory instrument containing it) would be subject to any of the types of procedure referred to in Schedule 7.

(6)But a power to modify enactments does not (unless otherwise stated) extend to making modifications of this Act or subordinate legislation under it.

(7)A power may be exercised so as to make provision for the delegation of functions.

(8)A power includes power to make provision for sums to be payable out of the Scottish Consolidated Fund or charged on the Fund.

(9)A power includes power to make provision for the payment of sums out of money provided by Parliament or for sums to be charged on and paid out of the Consolidated Fund.

(10)A power may not be exercised so as to create any criminal offence punishable—

(a)on summary conviction, with imprisonment for a period exceeding three months or with a fine exceeding the amount specified as level 5 on the standard scale,

(b)on conviction on indictment, with a period of imprisonment exceeding two years.

(11)The fact that a power is conferred does not prejudice the extent of any other power.

Yn ôl i’r brig

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?