Part 12Miscellaneous and general
General
459Orders and regulations
1
References in this section to subordinate legislation are to—
a
any Order in Council under this Act;
b
any order under this Act (other than one falling to be made by a court);
c
any regulations under this Act.
2
Subordinate legislation—
a
may make different provision for different purposes;
b
may include supplementary, incidental, saving or transitional provisions.
3
Any power to make subordinate legislation is exercisable by statutory instrument.
4
A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than—
a
an order under section 75(7) or (8), 223(7) or (8), 282, 292(4), 309, 364(4), 377(4), 436(6), 438(9) or 458;
b
subordinate legislation made by the Scottish Ministers;
c
an Order in Council made under section 443 which makes provision only in relation to Scotland.
5
A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if it contains—
a
subordinate legislation made by the Scottish Ministers other than an order under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6), 441(9) or 458;
b
an Order in Council made under section 443 which makes provision only in relation to Scotland.
6
No order may be made—
a
by the Secretary of State under section 75(7) or (8), 223(7) or (8), 282, 292(4), 309, 364(4), 377(4), 436(6) or 438(9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;
b
by the Scottish Ministers under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6) or 441(9) unless a draft of the order has been laid before and approved by a resolution of the Scottish Parliament.
7
The Scottish Ministers must lay before the Scottish Parliament a copy of every statutory instrument containing an Order in Council made under section 444 or 445.