Section 26 Variation and revocation of regulations under Part 2F6
The power conferred by section 233 to vary and revoke orders under this Act is to be read to apply to regulations under this Part but modified to apply only in relation to any supplementary provision contained in any such regulations, and regulations varying or revoking any such provision may be made only after compliance with subsections (2) and (3).
When the Secretary of State proposes to make any such varying or revoking F2regulations he shall prepare a draft of the regulations, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.
The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make F3regulations either in the form of the draft or subject to modifications.
The Secretary of State may cause a local inquiry to be held with respect to F4draft regulations under this section.
In this section “supplementary provision” means any such provision as could be made by F5regulations under this part of this Act by virtue of section 24 or 215 of this Act.
Annotations
Textual amendments
- F1
S. 26(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(a), 35; S.S.I. 2021/124, reg. 2, sch.
- F2
Word in s. 26(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(b), 35; S.S.I. 2021/124, reg. 2, sch.
- F3
Word in s. 26(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(c), 35; S.S.I. 2021/124, reg. 2, sch.
- F4
Words in s. 26(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(d), 35; S.S.I. 2021/124, reg. 2, sch.
- F5
Word in s. 26(5) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(e), 35; S.S.I. 2021/124, reg. 2, sch.
- F6
S. 26 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(7), 35; S.S.I. 2021/124, reg. 2, sch.
Notes on Part II
Modifications
- C1
Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)
- C2
Pt. 2 applied (with modifications) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), s. 20(3)(4), 31(2); S.S.I. 2018/282, reg. 2