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Tied Pubs (Scotland) Act 2021

Section 24: Regulation-making powers

57.This section specifies the parliamentary procedure to which regulations made under the Act are subject. Those subject to the affirmative procedure (explained in paragraph 11) are:

  • regulations that contain the code, as required by section 1 of the Act;

  • regulations which define the permitted maximum for a financial penalty, under section 10;

  • regulations to exclude any provisions of the code from being subject to arbitration by the adjudicator, under section 14;

  • regulations making provision about the fee to be paid by tenants in respect of arbitrations that go before the adjudicator, and making provision about payments in respect of expenses for such arbitrations, under section 17; and

  • regulations making ancillary provision, under section 23, if that provision amends an Act.

58.As noted above, regulations under section 23 are subject to the negative procedure if they do not amend any legislation (or amend only subordinate legislation).

59.Regulations under the following provisions, not mentioned in section 24, are not subject to either the affirmative or negative procedure, and require only to be laid before the Parliament (by virtue of section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010):

  • regulations to repeal section 4 once it is spent, and

  • regulations to bring into force those provisions of the Act not listed in section 25(1) (see below).

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