Patient Rights (Scotland) Act 2011

25 Orders, regulations and directions S

(1) Any power conferred by this Act on the Scottish Ministers to make an order or regulations—

(a) must be exercised by statutory instrument,

(b) may be exercised so as to make different provision for different purposes (including different areas),

(c) except an order under section 26(3), includes power to make such consequential, supplemental, incidental, transitional, transitory or saving provision as appears to the Scottish Ministers to be necessary or expedient.

(2) No—

(a) order is to be made under section 3(4), 6(2) or 9(4),

(b) regulations are to be made under section 9(1) or (3), or

(c) order is to be made under section 24 containing provisions which add to, omit or replace any part of the text of an Act,

unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, the Parliament.

(3) Any other statutory instrument containing an order or regulations under this Act (except an order under section 12(4) or 26(3)) is subject to annulment in pursuance of a resolution of the Parliament.

(4) Any power to make directions under this Act includes power to vary or revoke such directions.

(5) Any power to make directions under this Act may be exercised—

(a) generally or to meet the circumstances of a particular area or matter,

(b) either in relation to all cases to which the power extends, or in those cases subject to exceptions, or in relation to any specified cases or classes of case, and

(c) subject to such other exceptions or conditions as the Scottish Ministers think fit.