Section 33 – Orders
93.Section 33 provides that any Ministerial power under the Act to make orders will be exercisable by statutory instrument. This section makes further provision for the relevant powers and procedures. Subsection (2) generally provides for negative resolution procedure in the Scottish Parliament except where primary legislation is being amended, under section 26 to update the Act to reflect amendments to the UNCITRAL Model Law, UNCITRAL Arbitration Rules or the New York Convention and under section 36(4) to end the transitional opt out from the Act. For those exceptions, the statutory instrument procedure required is affirmative resolution procedure (see subsection (3)).