Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

SCHEDULE 2 Scottish statutory instruments: transitional and consequential provision

Ministerial functions of making orders or regulations under pre-commencement enactments

2 (1) This paragraph applies in relation to any function of the Scottish Ministers, the First Minister or the Lord Advocate of making, confirming or approving orders, regulations or rules under a pre-commencement enactment.

(2) If a provision of any pre-commencement enactment provides for the function to be exercisable by statutory instrument, that provision ceases to have effect so far as it relates to the exercise of the function.

(3) If no provision is made in any pre-commencement enactment for the function to be exercisable by statutory instrument, then the function is not to be exercisable by Scottish statutory instrument.