Part 3

General

Orders and regulations
36
1
Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.
2
Any such power includes power to make—
a
such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
b
provision for the delegation of functions,
c
different provision for different purposes and different areas.
3
An order under section 24 or 37, and regulations under section 8, 20, 22 or 23, may modify any enactment, instrument or document.
4
A statutory instrument containing an order or regulations under—
a
any of sections 2, 5 to 7, 9, 10 and (except where subsection (6) applies) 37, or
b
paragraph 20(4) of schedule 2,
is subject to annulment in pursuance of a resolution of the Parliament.
5
A statutory instrument containing regulations under section 8, 19, 20, 22 or 23, if made without a draft having been laid before, and approved by a resolution of, the Parliament is subject to annulment in pursuance of a resolution of the Parliament.
6
No—
a
order under section 4 or 24,
b
regulations under section 25,
c
order under section 37 or regulations under section 8, 20, 22 or 23 containing provisions which add to, replace or omit any part of the text of an Act,
is or are to be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, the Parliament.