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(1)Any power of the Scottish Ministers to make orders or regulations under this Act must be exercised by statutory instrument.
(2)Any such power includes power to make—
(a)in the case of an order under section 116(1) (commencement orders), such transitional, transitory or saving provision as the Scottish Ministers consider appropriate,
(b)in the case of any other order or any regulations—
(i)such supplemental, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,
(ii)different provision for different purposes.
(3)Unless subsection (4) provides otherwise, a statutory instrument containing an order (other than an order made under section 116(1)) or regulations made under this Act is subject to annulment in pursuance of a resolution of the 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 Parliament—
(a)section 1(4),
(b)section 1(6)(a),
(c)section 22(4),
(d)section 54(1) or 55(1),
(e)section 69(7),
(f)section 73(1)F1..., 82(1) or 107,
(g)section 113(1) (if the order contains supplemental provision or provision which adds to, replaces or omits any part of the text of an Act).
Textual Amendments
F1Words in s. 114(4)(f) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 13(12); S.S.I. 2014/160, art. 2(1)(2), Sch.