(1)Any power of the Scottish Ministers to make an order or regulations under this Act includes power to make—
(a)different provision for different purposes or different areas,
(b)incidental, supplementary, consequential, transitional, transitory or saving provision.
(2)Orders or regulations—
(a)under section 20(1),
(b)under section 28(1),
(c)under section 34(5),
(d)under section 46(1) which set out the first code of practice or replace the code of practice,
(e)under section 61(3)(b),
(f)under section 94(3),
(g)under section 102(1) containing provisions which add to, replace, or omit any part of the text of an Act,
are subject to the affirmative procedure.
(3)All other orders and regulations under this Act are subject to the negative procedure.
(4)The Scottish Ministers must, before the end of the period of 18 months beginning with the day of Royal Assent, lay before the Scottish Parliament a draft Scottish statutory instrument containing regulations under section 46(1) setting out the first code of practice.
(5)This section does not apply to an order under section 104(3).