Tobacco and Primary Medical Services (Scotland) Act 2010 Explanatory Notes

Part 3 – General Provision

Section 40 – Orders and regulations

62.This section provides that all regulations and orders under the Act are to be made in the form of a statutory instrument. Orders under sections 35(3), 39(1) and 42 (where the order amends primary legislation) and regulations under section 24 and paragraphs 3, 4, 10 and 11 of schedule 1 are subject to affirmative procedure in the Parliament. All other regulations and orders are subject to negative procedure.

Section 42 – Ancillary provision

63.This section gives the Scottish Ministers the power by order to make incidental, consequential, transitional, transitory and savings provision.

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