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.