Regulation-making powers

I127Regulations

1

A power of the Scottish Ministers to make regulations conferred by any of the preceding provisions includes power to make—

a

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

b

different provision for different purposes.

2

Before making regulations under section 6, 10(2)(c) or 15, the Scottish Ministers must—

a

consult those persons who the Scottish Ministers consider appropriate, and

b

have regard to any responses to the consultation.

3

In consulting under subsection (2), the Scottish Ministers must have regard to the importance of communicating in an inclusive way.

4

Regulations under section 5(3) are subject to the affirmative procedure.

5

The first regulations under section 6 are subject to the affirmative procedure.

6

Subsequent regulations under section 6 are subject to the negative procedure.

7

Regulations under section 10(2)(c) are subject to the affirmative procedure.

8

Regulations under section 10(3)(b) or 15 are subject to the negative procedure.

9

Regulations under section 10(6) are subject to the affirmative procedure.

10

Regulations under section 20(6) are subject to the affirmative procedure.

11

Regulations under section 26(1)

a

which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

b

otherwise, are subject to the negative procedure.

12

Regulations under Part 5 of the schedule are subject to the affirmative procedure.