PART 3General
21Regulations: supplementary
1
A power of the Scottish Ministers to make regulations under this Act includes power to make—
a
different provision for different purposes,
b
incidental, supplementary, consequential, transitional, transitory or saving provision.
2
The provision that may be made by virtue of subsection (1)(b) includes provision modifying any enactment.
3
Regulations which—
a
contain provision made by virtue of subsection (1)(b) that adds to, replaces or omits any part of the text of an Act, and
b
would, apart from this subsection, be subject to the negative procedure,
are subject to the affirmative procedure.
4
Regulations under this Act creating an offence may not provide for the offence to be punishable with imprisonment for a period exceeding—
a
5 years, in the case of a conviction on indictment,
b
12 months, in the case of a summary conviction.
5
This section does not apply to regulations under section 26.