Part 9Miscellaneous and general

General

146Orders and regulations

1

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

2

Any such power includes power to make—

a

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

b

different provision for different purposes.

3

An order under section 145 may modify any enactment (including this Act), instrument or document.

4

A statutory instrument containing an order or regulations under this Act except—

a

an order under section 65(4), 123(6)F7, 150(2), paragraph 6A(4) of schedule 3, or paragraph 5A(4) of schedule 4,

b

regulations under section 27(2)F2, 27A(1)F1, 60(2) or 139(3), and

c

where subsection (5) applies, F5regulations under section 9B(5) or an order under section 145,

is subject to annulment in pursuance of a resolution of the Scottish Parliament.

5

No—

F6za

regulations under section 9B(5) containing provisions which add to, replace or omit any part of the text of subsection (3) of that section,

a

order under section 65(4)F8, 123(6), paragraph 6A(4) of schedule 3, or paragraph 5A(4) of schedule 4,

b

regulations under section 27(2)F4, 27A(1)F3, 60(2) or 139(3), or

c

order under section 145 containing provisions which add to, replace or omit any part of the text of an Act,

is to be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, the Parliament.