Housing (Scotland) Act 2006

191 Orders and regulations S

(1) Any power of the Scottish Ministers under this Act to make orders or regulations 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) Unless contrary provision is made in subsections (4) to (6), a statutory instrument containing an order or regulations under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) No order—

(a) under section [F1 125(1)(b),] 126(2) or 127(1), or

(b) under section 190(1) containing provisions which add to, replace or omit any part of the text of an Act,

is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.

[F2 (4A) Regulations under subsection (1) of section 28B (other than such regulations containing only provision under subsection (2)(b) of that section) are not to be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.]

(5) Regulations under section [F3 20A,] 73(3), 77(1), 79(6), 91(5), 99(2), 104(1), 105, 111(4) [F4 , 121(1) or 174A(1)] are not to be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

(6) Subsection (3) does not apply to any statutory instrument containing an order under section 195(3) (commencement orders).

Subordinate Legislation Made

P1 S. 191(2) power partly exercised: different dates appointed for specified provisions by {S.S.I. 2007/270}, art. 3 Table

Textual Amendments

F1 Word in s. 191(4)(a) inserted (31.8.2011) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 13(6), 41(3); S.S.I. 2011/270, art. 2, Sch.

F2 S. 191(4A) inserted (22.9.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(8), 41(3); S.S.I. 2015/326, art. 2(2)(c)

F3 Word in s. 191(5) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 24(2), 104(3); S.S.I. 2014/264, art. 2, Sch.

F4 Words in s. 191(5) substituted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 85(4), 104(3); S.S.I. 2014/264, art. 2, Sch.