(1)Any power of the Scottish Ministers to make orders, regulations or rules under this Act is exercisable by statutory instrument.
(2)Any such power includes power to make—
(a)such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
(b)different provision for different purposes.
(3)An order under section 32 may modify any enactment, instrument or document.
(4)A statutory instrument containing an order, regulations or rules under this Act (except [F1section 3B(3),] section 17(5), section 32 (where subsection (5) applies) and section 35) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(5)No—
(a)order under sections 20 and 32 containing provisions which add to, replace or omit any part of the text of an Act, or
(b)regulations under section [F23B(3) or] 17(5),
is or are to be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, the Parliament.
Textual Amendments
F1Words in s. 34(4) inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), s. 33(2), sch. para. 24(a); S.S.I. 2017/354, reg. 2(a)
F2Words in s. 34(5)(b) inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), s. 33(2), sch. para. 24(b); S.S.I. 2017/354, reg. 2(a)