Section 103 Subordinate legislation

Scotland

(1)

The powers of the Scottish Ministers under this Act to make orders and regulations are exercisable by statutory instrument.

(2)

Each of those powers includes power to make—

(a)

different provision for different purposes; and

(b)

supplementary, incidental, consequential, transitory, transitional or saving provision.

(3)

Subject to subsections (4) and (5), a statutory instrument containing an order or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4)

The following statutory instruments are not to be made unless a draft of the instrument has been laid before, and approved by, the Scottish Parliament—

(a)

a statutory instrument containing an order under section 18(1) or 24(1), paragraph 10(10) of schedule 1, F1... paragraph 9(1) of schedule 2 F2or paragraph 7A(8) or 7B(4) of schedule 4 or regulations under section 41D(1); or

(b)

a statutory instrument containing an order under section 102(1) containing provisions which add to, replace or omit any part of the text of an Act.

(5)

Subsection (3) does not apply to an order under section 104(1).

Annotations

Textual amendments

F1: Word in s. 103(4)(a) repealed (15.2.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(15)(a); S.S.I. 2013/47, art. 2 (with art. 3)
F2: Words in s. 103(4)(a) inserted (15.2.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(15)(b); S.S.I. 2013/47, art. 2 (with art. 3)