Part 5: Final provisions
Section 35 - Regulations
160.This section provides that the various regulation making powers under the Act may make different provision for different purposes or areas and includes the power to make a range of ancillary provision (that is, incidental, supplementary, consequential, transitory, transitional or saving provision).
161.The ability to make different provision for different purposes enables a regulation making power to be used in different ways in different circumstances. For example, this means that section 15 can be used to make separate regulations for different types of support scheme. The ability to make different provision for different areas means that regulations can be applied to particular parts of Scotland, which may be relevant to area based schemes or the running of a pilot in one area before rolling that out more broadly.
162.This section does not apply to commencement regulations which have a more limited range of ancillary powers (relating to making transitional, transitory or saving provision).
Section 36 - Ancillary provision
163.This section allows the Scottish Ministers, by regulations, to make ‘stand alone’ ancillary provision in relation to the Act or any provision made under it. This type of power is used to ensure that the Act has its full intended effect.
164.Where the regulations amend primary legislation, they are subject to the affirmative procedure. Otherwise, the regulations are subject to the negative procedure.
Section 37 - Interpretation
165.This section contains definitions of some commonly used words and expressions (or a signpost to the section that defines them).
Section 38 - Commencement
166.This section deals with the commencement of the Act.
167.Sections 35 to 39 come into force on the day after Royal Assent. The remaining provisions come into force on such days as the Scottish Ministers may appoint by regulations.
168.Commencement regulations may contain transitional, transitory or saving provision. This enables the new regulations to provide for how the new law will come into effect and replace the old legal position.
Section 39 - Short title
169.This section provides for the short title of the resulting Act to be the Agriculture and Rural Communities (Scotland) Act 2024, which is how it is to be referred to and the name by which it may be cited in legal proceedings.
