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Climate Change (Scotland) Act 2009

Subordinate legislation

193.Section 96 sets out the procedures that apply for the making of orders and regulations under the Act. Subsections (2) and (3) provide that such orders and regulations may make different provision for different cases or purposes, or make any appropriate consequential, incidental, supplementary, transitory, transitional or saving provision, including modification of any enactment. Subsections (4) and (5) provide that all orders and regulations made under the Act are subject to affirmative procedure (as extended by section 97 in certain cases, which introduces a pre-laying procedure), except a commencement order made under section 100, and those orders and regulations listed in subsections (6) and (7). The orders and regulations listed in those subsections are subject to negative resolution procedure, unless certain conditions apply – such as that they modify an Act of Parliament or an Act of the Scottish Parliament - in which case they are subject to affirmative resolution procedure.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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