Section 40 Orders and regulations

Any power of the Scottish Ministers under this Act to make an order or regulations is exercisable by statutory instrument.

Any such power includes a power to make—

Unless subsection (4) makes contrary provision, a statutory instrument containing an order (other than an order made under section 43) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or, as the case may be, the regulations has been laid before, and approved by a resolution of, the Scottish Parliament—

• F1section 3A(1)

• F2section 4B(4)

• F3section 8B

• section 24

• F4section 34A

• section 35(3)

• section 42 (but only if the order contains provisions which add to, replace or omit any part of the text of an Act)

• paragraphs 3, 4, 10 and 11 of schedule 1.