Public Appointments and Public Bodies etc. (Scotland) Act 2003

Part 3 S General provisions

18 Orders and regulations S

(1) Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.

(2) Any such power includes power—

(a) to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient; and

(b) to make different provision for different purposes.

(3) A statutory instrument containing—

(a) except where subsection (5) applies, an order under section 19; or

(b) regulations under section 5(4) or 7(8),

is subject to annulment in pursuance of a resolution of the Parliament.

(4) A statutory instrument containing—

(a) an order under section 3(2)(a) or (b) or (3) or 14(5); or

(b) regulations under section 5(2) or 8(1),

is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

(5) A statutory instrument containing an order under section 19 which amends an Act is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

19 Ancillary provision S

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in consequence of this Act.

20 Interpretation S

In this Act—

• “the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29);

• “the 1980 Act” means the Solicitors (Scotland) Act 1980 (c. 46);

• “the 1990 Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40);

• F1 ...

• [F2 “Commissioner” means the Commissioner for Ethical Standards in Public Life in Scotland;]

• “the Parliament” means the Scottish Parliament;

• “the specified authorities” is to be construed in accordance with section 2.

Textual Amendments

F1 Words in s. 20 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 7(3)(c), 134(7); S.S.I. 2010/221, art. 3(2), sch.

F2 Words in s. 20 substituted (1.7.2013) by The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, sch. 2 para. 16(b) (with sch. 4 para. 3)

Commencement Information

I1 S. 20 in force at 15.8.2003 for specified purposes by S.S.I. 2003/384, art. 2(c)

21 Short title and commencement S

(1) This Act may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003.

(2) This Act, except this section and sections 18 to 20, comes into force on such day as the Scottish Ministers may by order appoint.

(3) Different days may be so appointed for different provisions and for different purposes.