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Housing (Scotland) Act 2006

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Housing (Scotland) Act 2006, Section 191 is up to date with all changes known to be in force on or before 22 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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191Orders and regulationsS

This section has no associated Explanatory Notes

(1)Any power of the Scottish Ministers under this Act to make orders or regulations 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)Unless contrary provision is made in subsections (4) to (6), a statutory instrument containing an order or regulations under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4)No order—

(a)under section [F1125(1)(b),] 126(2) or 127(1), or

(b)under section 190(1) 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 has been laid before, and approved by resolution of, the Scottish Parliament.

[F2(4A)Regulations under subsection (1) of section 28B (other than such regulations containing only provision under subsection (2)(b) of that section) are not to be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.]

(5)Regulations under section [F320A,] 73(3), 77(1), 79(6), 91(5), 99(2), 104(1), 105, 111(4) [F4, 121(1) or 174A(1)] are not to be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

(6)Subsection (3) does not apply to any statutory instrument containing an order under section 195(3) (commencement orders).

Subordinate Legislation Made

P1S. 191(2) power partly exercised: different dates appointed for specified provisions by {S.S.I. 2007/270}, art. 3 Table

Textual Amendments

F3Word in s. 191(5) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 24(2), 104(3); S.S.I. 2014/264, art. 2, Sch.

F4Words in s. 191(5) substituted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 85(4), 104(3); S.S.I. 2014/264, art. 2, Sch.

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