Housing (Scotland) Act 2001, Section 109 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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 think necessary or expedient,
(b)to make different provision for different purposes and different areas.
(3)An order under section 87 or 110 may modify any enactment, instrument or document.
(4)A statutory instrument containing an order or regulations under this Act (except sections 7(3) [F1, 14A(9)] [F2, 16(5A)(c)] , 93(5) and 113 and, where subsection (5) of this section applies, sections 87 and 110) is subject to annulment in pursuance of a resolution of the Parliament.
(5)No order under section 87 or 110 containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft has been laid before, and approved by resolution of, the Parliament.
(6)No regulations are to be made under section 7(3), and no order is to be made under section [F314A(9) or] [F416(5A)(c) or] 93(5), unless a draft has been laid before, and approved by resolution of, the Parliament.
Textual Amendments
F1Word in s. 109(4) inserted (22.2.2012) by Housing (Scotland) Act 2010 (asp 17), ss. 155(c)(i), 166(2); S.S.I. 2012/19, art. 2(d)
F2Word in s. 109(4) inserted (23.2.2012) by The Housing (Scotland) Act 2010 (Consequential Amendment) Order 2011 (S.S.I. 2011/445), arts. 1, 2
F3Words in s. 109(6) inserted (22.2.2012) by Housing (Scotland) Act 2010 (asp 17), ss. 155(c)(ii), 166(2); S.S.I. 2012/19, art. 2(d)
F4Words in s. 109(6) inserted (22.2.2012) by Housing (Scotland) Act 2010 (asp 17), ss. 153(b), 166(2); S.S.I. 2012/19, art. 2(b)
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