Part 3 – General Provision
Section 40 – Orders and regulations
62.This section provides that all regulations and orders under the Act are to be made in the form of a statutory instrument. Orders under sections 35(3), 39(1) and 42 (where the order amends primary legislation) and regulations under section 24 and paragraphs 3, 4, 10 and 11 of schedule 1 are subject to affirmative procedure in the Parliament. All other regulations and orders are subject to negative procedure.
Section 42 – Ancillary provision
63.This section gives the Scottish Ministers the power by order to make incidental, consequential, transitional, transitory and savings provision.