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Certification of Death (Scotland) Act 2011

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This is the original version (as it was originally enacted).

29Orders and regulations

This section has no associated Explanatory Notes

(1)Subject to subsection (9), any power conferred by this Act on the Scottish Ministers to make an order or regulations—

(a)must be exercised by statutory instrument,

(b)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision,

(c)may be exercised so as to make different provision for different purposes.

(2)An order made under section 4(7) (other than one to which subsection (4) applies)—

(a)must be laid before the Parliament, and

(b)ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of the Parliament.

(3)Subsection (4) applies to an order made under section 4(7) consisting only of—

(a)provision revoking an earlier order under section 4(7), or

(b)such provision and provision made by virtue of section 29(1)(b).

(4)An order to which this subsection applies is subject to annulment in pursuance of a resolution of the Parliament.

(5)In reckoning for the purposes of subsection (2)(b) any period of 28 days, no account is to be taken of any period during which the Parliament is—

(a)dissolved, or

(b)in recess for more than 4 days.

(6)Subsection (2)(b) is without prejudice to anything previously done by reference to an order under section 4(7) or to the making of a new order under that provision.

(7)No order is to be made under section 28 containing provisions which add to, omit or replace any part of the text of an Act, unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Parliament.

(8)Subject to subsection (9), any other statutory instrument containing an order or regulations is subject to annulment in pursuance of a resolution of the Parliament.

(9)Subsections (1) and (8) do not apply in relation to an order made under section 32(3).

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