PART 8General

101Subordinate legislation

1

Any power of the Scottish Ministers to make an order or regulations under this Act includes power to make—

a

different provision for different purposes or different areas,

b

incidental, supplementary, consequential, transitional, transitory or saving provision.

2

Orders or regulations—

a

under section 20(1),

b

under section 28(1),

c

under section 34(5),

d

under section 46(1) which set out the first code of practice or replace the code of practice,

e

under section 61(3)(b),

f

under section 94(3),

g

under section 102(1) containing provisions which add to, replace, or omit any part of the text of an Act,

are subject to the affirmative procedure.

3

All other orders and regulations under this Act are subject to the negative procedure.

4

The Scottish Ministers must, before the end of the period of 18 months beginning with the day of Royal Assent, lay before the Scottish Parliament a draft Scottish statutory instrument containing regulations under section 46(1) setting out the first code of practice.

5

This section does not apply to an order under section 104(3).