Part 7General

40Regulations or orders

1

Any power conferred by this Act on the Scottish Ministers to make orders or regulations—

a

must be exercised by statutory instrument;

b

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

2

A statutory instrument containing an order or regulations made under this Act (except an order under section 43(3)) is, subject to subsection (3), subject to annulment in pursuance of a resolution of the Parliament.

3

A statutory instrument containing—

a

regulations under section 3(3) or 4(2) or (8) or paragraph 2, 4(1), 5(2), 12 or 13 of schedule 1 or an order under section 9 or 33(4)(e);

b

an order under section 39 containing provisions which add to, replace or omit any part of the text of an Act,

is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.