Section 45 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 the following provisions are subject to the affirmative procedure: sections 23 (1) (see also sections 23 (3) and 46) and 24 (see also sections 24 (3) and 46) and, in schedule 2, paragraphs 4 (3), 17 (5), 19 (8)(a), 53 (4), 62 (5), 63 (7), 64 (9), 69 (8) and 72 (1).

(3)

Regulations under the following provisions are subject to the negative procedure: section 11 (3) and, in schedule 2, paragraphs 15 (3)(a) and (c), 17 (4)(b), 19 (8)(b), 49 (3), 50 (6), 58 (2) and (6) and 61 (4)(b).

(4)

Regulations under section 44—

(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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