Public Services Reform (Scotland) Act 2010

General restrictions

20 Subordinate legislation and powers of direction, appointment and consent

(1) An order under section 14 or 17(1) may confer or transfer a function of legislating only on or to the Scottish Ministers, the First Minister or the Lord Advocate.

(2) An order under section 14 or 17(1) may not make provision for the delegation of any function of legislating.

(3) An order under section 14 or 17(1) may not make provision to confer a function of legislating on the Scottish Ministers, the First Minister or the Lord Advocate unless the conditions in subsections (4) and (5) are satisfied.

(4) The condition in this subsection is that the function is exercisable by statutory instrument.

(5) The condition in this subsection is that such a statutory instrument—

(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament, or

(b) is not to be made unless a draft of the statutory instrument has been laid before and approved by a resolution of the Parliament.

(6) Subsections (1) to (3) do not apply to provision which merely restates an enactment.

(7) An order under section 14 or 17(1) may not make provision which has the effect of transferring to a person other than the Scottish Ministers, the First Minister or the Lord Advocate any function to which subsection (8) applies.

(8) This subsection applies to any function of—

(a) giving directions,

(b) appointing a person to any office or position, or

(c) consenting to any thing,

conferred by any enactment on the Scottish Ministers, the First Minister or the Lord Advocate.

21 Local taxation

An order under section 14 or 17(1) may not make provision to impose, abolish or vary any local tax to fund local authority expenditure.

22 Criminal penalties

(1) An order under section 14 or 17(1) may not make provision to create a new offence that is punishable, or increase the penalty for an existing offence so that it is punishable—

(a) on indictment, with imprisonment for a term exceeding two years, or

(b) on summary conviction, with—

(i) imprisonment for a term exceeding 12 months, or

(ii) a fine exceeding level 5 on the standard scale.

(2) In the case of an offence which is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995 (c. 46), the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.

(3) Subsection (1) does not apply to provision which merely restates an enactment.

23 Forcible entry etc.

(1) An order under section 14 or 17(1) may not make provision to—

(a) authorise any forcible entry, search or seizure, or

(b) compel the giving of evidence.

(2) Subsection (1) does not prevent an order from extending any power for purposes similar to those to which the power applied before the order was made.

(3) Subsection (1) does not apply to provision which merely restates an enactment.

24 Prohibition on modification of this Part

An order under section 14 or 17(1) may not make provision modifying any provision of this Part other than schedule 5.