(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) [F1, 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.
Textual Amendments
F1Words in s. 40(3)(a) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(7), 36(2); S.S.I. 2022/43, reg. 2, sch.