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Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

Section 14 – Regulations

51.Section 14 makes provision concerning the Scottish Ministers’ powers to make regulations under this Act.

52.Section 14(1) provides that each power to make regulations in the Act (except section 17 on commencement) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision and that different provision can be made for different purposes.

53.Sections 14(2) and 14(3) provide that the regulation-making powers at section 10(3), to prescribe the manner in which disregarded convictions are to be removed from official records, and at section 10(5), to prescribe a “relevant record keeper”, are both subject to the affirmative Parliamentary procedure; and that the power to make ancillary provision at section 15 is subject to the affirmative Parliamentary procedure if the regulations amend any part of the text of an Act, but otherwise is subject to the negative procedure.

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