Scotland Act 1998 Explanatory Notes

Purpose and Effect

This section requires subordinate legislation made under powers provided by the Act to be made by statutory instrument, and permits such subordinate legislation to:

  • make different provision for different purposes, or for particular cases or classes of case;

  • include supplementary and transitional provision;

  • provide for delegation of functions;

  • in some cases modify other enactments, prerogative instruments or other instruments or documents;

  • provide for payment of sums out of, or for sums to be charged on, the Consolidated Fund or Scottish Consolidated Fund.

It also limits the punishment which may be imposed for any criminal offence created in subordinate legislation under the Act.

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