40Orders and regulationsS
(1)Any power of the Scottish Ministers under this Act to make an order or regulations is exercisable by statutory instrument.
(2)Any such power includes a power to make—
(a)such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,
(b)different provision for different purposes.
(3)Unless subsection (4) makes contrary provision, a statutory instrument containing an order (other than an order made under section 43) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or, as the case may be, the regulations has been laid before, and approved by a resolution of, the Scottish Parliament—
- section 24 
- section 35(3) 
- section 42 (but only if the order contains provisions which add to, replace or omit any part of the text of an Act) 
- paragraphs 3, 4, 10 and 11 of schedule 1. 
