Section 88 Orders

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 88(2)(a) words inserted by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 42(6)
s. 88(2)(a) word substituted by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 50(3)
s. 88(2)(a) words inserted by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 sch. 3 para. 1(5)(a)
s. 88(2)(a) word inserted by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 sch. 3 para. 1(5)(b)

(1)

Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument; and subject to subsection (2) a statutory instrument containing any such order or regulations, other than an order under section 89(2), is subject to annulment in pursuance of a resolution of the Parliament.

(2)

A statutory instrument containing an order under section—

(a)

6(1)(b), 11(1), 14(1) F1or (2), 14(12) (including as applied to section 16(5)), 16(4) F2, 18B or 42(5); or

(b)

F314(13) or 84 which amends or repeals any part of an Act,

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

Annotations

Textual amendments

F1: Words in s. 88(2)(a) inserted (18.3.2021) by The Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 (S.S.I. 2021/150), arts. 1(2), 2(3)
F2: Word in s. 88 inserted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 59(3), 61(2); S.S.I. 2017/234, art. 2(2)(b)
F3: Words in s. 88(2)(b) inserted (10.2.2021) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(14), 34; S.S.I. 2020/405, art. 2(a)