PART 3

GENERAL

Subordinate legislation
125
1
Any power of the Scottish Ministers to make an order, regulations or rules under this Act includes power to make—
a
different provision for different purposes (for example, for different types or ranks of constable),
b
such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider appropriate.
2
An order made under section 10(2) or 11(5) is subject to the affirmative procedure.
2A
Regulations under section 36B(5) are subject to the affirmative procedure.
2B
Regulations under section 59A(6) and (7) are subject to the affirmative procedure.
3
An order made under section 126 or 127 containing provisions which add to, replace or omit any part of the text of an Act is subject to the affirmative procedure.
3A
Regulations under paragraph 5(7) of schedule 2A are subject to the affirmative procedure if they include provisions of the kind mentioned in paragraph 7(2) or 8(2) of that schedule.
4
All other orders, and any regulations or rules, made under this Act are subject to the negative procedure.
5
This section does not apply to an order made under section 129(2), paragraph 2(1)(b) of schedule 5 or paragraph 1 of schedule 6.
S. 125(3A) inserted (9.3.2023) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 113(3), 117(2); S.S.I. 2023/49, art. 2(b)
S. 125(2A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 2(5), 22(2); S.S.I. 2025/175, reg. 2(b)
S. 125(2B) inserted (25.6.2025 for specified purposes) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 9(3), 22(2); S.S.I. 2025/175, reg. 2(i)