Part 3General provision

40Orders and regulations

(1)

Any power of the Scottish Ministers under this Act to make an order or regulations is exercisable by statutory instrument.

(2)

Any such power includes a power to make—

(a)

such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,

(b)

different provision for different purposes.

(3)

Unless subsection (4) makes contrary provision, a statutory instrument containing an order (other than an order made under section 43) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4)

An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or, as the case may be, the regulations has been laid before, and approved by a resolution of, the Scottish Parliament—

  • section 24

  • section 35(3)

  • section 42 (but only if the order contains provisions which add to, replace or omit any part of the text of an Act)

  • paragraphs 3, 4, 10 and 11 of schedule 1.

41Minor and consequential modifications

Schedule 2 has effect.

42Ancillary provision

(1)

The Scottish Ministers may by order make—

(a)

such incidental or consequential provision, or

(b)

such transitional, transitory or saving provision,

as they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provisions of this Act.

(2)

An order under subsection (1) may modify any enactment, instrument or document.

43Short title and commencement

(1)

This Act may be cited as the Tobacco and Primary Medical Services (Scotland) Act 2010.

(2)

This Part comes into force on Royal Assent.

(3)

The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.