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Section 104 Orders and regulations: procedureI1I2

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

(1)

Any power conferred by this Part on the Scottish Ministers to make an order or regulations—

(a)

must be exercised by statutory instrument,

(b)

includes power to make such consequential, supplemental, incidental, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(c)

may be exercised so as to make different provision for different purposes.

(2)

No order is, or regulations are, to be made under section 49, 58(1) F1, 78, 82B(1) or schedule 12 unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, the Parliament.

(3)

A statutory instrument containing an order or regulations under any other provision of this Part is subject to annulment in pursuance of a resolution of the Parliament.

Annotations

Textual amendments

F1

Words in s. 104(2) substituted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 13(1)(b), 15(2); S.S.I. 2024/20, reg. 2(2)

Commencement

I1

S. 104 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2

S. 104 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.