Part 4

General

Orders and regulations
117
1
Any power conferred by this Act on the Scottish Ministers or the Registrar General to make orders or regulations is exercisable by statutory instrument.
2
Any power conferred by this Act on the Scottish Ministers or the Registrar General to make orders or regulations—
a
may be exercised so as to make different provision for different purposes,
b
includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate or, as the case may be, the Registrar General considers appropriate.
3
Any power conferred by this Act on the Scottish Ministers to make orders or regulations (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to—
a
those cases subject to specified exceptions, or
b
a particular case or class of case.
4
Subject to subsection (5), a statutory instrument containing an order or regulations made under this Act (other than an order under section 121) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
5
A statutory instrument containing—
a
regulations under—
i
section 3 which includes provision amending subsection (4) or (5) of section 1,
ia
section 13A(2),
ib
section 13F(1),
ii
section 38(1),
iii
section 74(1),
b
an order under section 116(1) which includes provision modifying an Act or an Act of the Scottish Parliament,
is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
6
In this section, “Registrar General” has the meaning given by section 57(1).
S. 117 applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 4, Sch. 3
S. 117(5)(a)(ia)(ib) inserted (30.9.2015 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 11(5); S.S.I. 2015/317, art. 2, Sch.