Paragraph 5

(1)

This paragraph applies to regulations made by the Scottish Ministers under section 2.

(2)

The regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)) if they contain (whether alone or with other provision)—

(a)

provision made for the purpose of implementing or applying, in relation to Scotland, any relevant international agreement that has not previously been the subject of any such provision (whether made by regulations under section 2 or otherwise),

(b)

provision made for the purpose of giving effect, in relation to Scotland, to any relevant arrangements that relate to a particular territory and have not previously been the subject of any such provision (whether made by regulations under that section or otherwise),

(c)

provision that creates or extends, or increases the penalty for, a criminal offence,

(d)

provision that amends primary legislation, or

(e)

provision made under section 2(6).

(3)

If sub-paragraph (2) does not apply to the regulations, they are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).