General
29Orders and regulations
1
Subject to subsection (9), any power conferred by this Act on the Scottish Ministers to make an order or regulations—
a
must be exercised by statutory instrument,
b
includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision,
c
may be exercised so as to make different provision for different purposes.
2
An order made under section 4(7) (other than one to which subsection (4) applies)—
a
must be laid before the Parliament, and
b
ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of the Parliament.
3
Subsection (4) applies to an order made under section 4(7) consisting only of—
a
provision revoking an earlier order under section 4(7), or
b
such provision and provision made by virtue of section 29(1)(b).
4
An order to which this subsection applies is subject to annulment in pursuance of a resolution of the Parliament.
5
In reckoning for the purposes of subsection (2)(b) any period of 28 days, no account is to be taken of any period during which the Parliament is—
a
dissolved, or
b
in recess for more than 4 days.
6
Subsection (2)(b) is without prejudice to anything previously done by reference to an order under section 4(7) or to the making of a new order under that provision.
7
No order is to be made under section 28 containing provisions which add to, omit or replace any part of the text of an Act, unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Parliament.
8
Subject to subsection (9), any other statutory instrument containing an order or regulations is subject to annulment in pursuance of a resolution of the Parliament.
9
Subsections (1) and (8) do not apply in relation to an order made under section 32(3).