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PART 10Miscellaneous and general

General

128Regulations

(1)Any power of the Scottish Ministers to make regulations under this Act includes power to make—

(a)incidental, supplementary, consequential, transitional, transitory or saving provision,

(b)different provision for different purposes or areas.

(2)Regulations under sections 6(4)(a), 6(4)(b), 6(4)(c), 7(4)(b), 52(1), 55(12), 71(5), 78(4) and 107(1) are subject to the affirmative procedure.

(3)Regulations under section 8(1) or 59(1)—

(a)which create a criminal offence are subject to the affirmative procedure,

(b)otherwise, are subject to the negative procedure.

(4)Regulations under section 129(1)—

(a)which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b)otherwise, are subject to the negative procedure.

(5)Otherwise (and subject to subsection (6)) regulations under this Act are subject to the negative procedure.

(6)This section does not apply to regulations under section 130(2).