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Tobacco and Primary Medical Services (Scotland) Act 2010
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- 2010 asp 3
- Part 3
- Section 40
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40Orders and regulationsS
This section has no associated Explanatory Notes
(1)Any power of the Scottish Ministers under this Act to make an order or regulations is exercisable by statutory instrument.
(2)Any such power includes a power to make—
(a)such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,
(b)different provision for different purposes.
(3)Unless subsection (4) makes contrary provision, a statutory instrument containing an order (other than an order made under section 43) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or, as the case may be, the regulations has been laid before, and approved by a resolution of, the Scottish Parliament—
[F1section 4B(4) ]
section 24
section 35(3)
section 42 (but only if the order contains provisions which add to, replace or omit any part of the text of an Act)
paragraphs 3, 4, 10 and 11 of schedule 1.
Textual Amendments
F1Words in s. 40(4) inserted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 3(2), 36(2); S.S.I. 2017/12, reg. 2, sch.
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