Part 4 – General Provisions
Section 14 – Ancillary provision
74.Subsection (1) of this section gives the Scottish Ministers a freestanding regulation-making power to make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, or in connection with, giving full effect to the Act. Subsection (2) allows such regulations to modify any enactment (including the Act itself).
75.Subsection (3) provides that regulations under subsection (1) which amend the text of primary legislation will be subject to the affirmative parliamentary procedure. Otherwise they will be subject to the negative parliamentary procedure.
Section 15 – Commencement
76.Subsection (1) of this section provides that this section and sections 14 and 16 come into force on the day after Royal Assent. The remainder of the Act, once enacted, comes into force on the day or days appointed by the Scottish Ministers in regulations made under subsection (2).
77.Subsection (3)(a) provides that these commencement regulations may also include transitional, transitory or saving provision. It should be noted that these aspects are not “free-standing” powers, but powers that are ancillary to commencement regulations, to make provision associated with transition etc. in connection with bringing the substantive powers into force.
78.Subsection (3)(b) provides that the regulations may make different provision for different purposes – this would include, for example, the possibility of appointing different days for the commencement of different sections.
Section 16 – Short title
79.This section provides that the Act, once enacted, will be referred to as the Health and Care (Staffing) (Scotland) Act 2019.
