# Smoking, Health and Social Care (Scotland) Act 2005, Section 40: Regulations or orders


(1) Any power conferred by this Act on the Scottish Ministers to make orders or regulations—
(a) must be exercised by statutory instrument;
(b) may be exercised so as to make different provision for different purposes.
(2) A statutory instrument containing an order or regulations made under this Act (except an order under section 43(3)) is, subject to subsection (3), subject to annulment in pursuance of a resolution of the Parliament.
(3) A statutory instrument containing—
(a) regulations under section 3(3) , 4(2) or (8) or 4D(2)(a) or (4)(a) or paragraph 2, 4(1), 5(2), 12 or 13 of schedule 1 or an order under section 9 or 33(4)(e);
(b) an order under section 39 containing provisions which add to, replace or omit any part of the text of an Act,
is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

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Source: https://www.legislation.gov.uk/asp/2005/13/section/40 (the official version)
Page: https://openlegislation.uk/smoking-health-and-social-care-scotland-act-2005/section-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.