Criminal Justice (Scotland) Act 2003

88 Orders S

(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) [F1 or (2)], 14(12) (including as applied to section 16(5)), 16(4) [F2 , 18B] or 42(5); or

(b) [F3 14(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

F1 Words 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)

F2 Word 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)

F3 Words 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)