Section 38 Regulation-making powersI1

Scotland

(1)

A power to make regulations conferred by this Act includes the power to make different provision for different purposes and areas.

(2)

Regulations under—

(a)

any of the following provisions may modify any enactment other than this Act: sections 26, 27, 28 (1) and 29,

(b)

section 37 may modify any enactment including this Act.

(3)

Regulations under any of the following provisions are subject to the negative procedure: sections 28(6)(d) and 35(4)(a)(ii).

(4)

Regulations under any of the following provisions are subject to the affirmative procedure: sections 2, 4, 5, 26, 27, 28 (1), 29 and 31.

(5)

Regulations under section 37—

(a)

are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but

(b)

otherwise, are subject to the negative procedure.

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