Explanatory Notes

Community Empowerment (Scotland) Act 2015

2015 asp 6

24 July 2015

Commentary on Sections

Part 12:  General

451.Part 12 provides general information which relates to all Parts of the Act.

452.Section 141 requires the Scottish Ministers to publish any guidance they issue under Part 2, Part 3, Part 5, Part 8, Part 9 and Part 10 of the Act. (These are the only Parts that require people to have regard to guidance issued by the Scottish Ministers.)

453.Section 142 regulates how the Scottish Ministers can make orders or regulations under the Act, including the procedure by which they are to be scrutinised by the Scottish Parliament.

454.Section 143 gives the Scottish Ministers power to make additional provision that is necessary or expedient to make sure the provisions of the Act work properly. Section 142(2) provides that any order under section 143 which amends the text of an Act must be scrutinised in the Scottish Parliament by the affirmative procedure.

455.Section 144 of the Act introduces schedule 4, which contains minor amendments and amendments consequential to the provisions of this Act, and schedule 5 which lists enactments that are repealed.

456.Section 145 sets out when the provisions of the Act come into force. Part 12 comes into force the day after Royal Assent. The rest of the Act will come into force on dates decided by the Scottish Ministers, which will be set out in commencement orders. Different commencement days may be appointed for different purposes.