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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.