(1)Regulations under section 1(1) which contain provision falling within subsection (2) are subject to the affirmative procedure.
(2)That provision is provision which—
(a)abolishes a function of an EU entity or a public authority in a member State without providing for an equivalent function to be exercisable by any person,
(b)provides for a function mentioned in section 1(3) or (4) to be exercisable by a Scottish public authority, or by a different Scottish public authority (as the case may be), or by any person whom the Scottish public authority authorises to carry out functions on its behalf,
(c)falls within section 1(5), regarding the charging of fees or other charges in connection with the exercise of a function by a Scottish public authority, except for provision which relates only to altering the amount of a fee or charge to reflect changes in the value of money,
(d)creates, or widens the scope of, a criminal offence,
(e)creates or amends a power to legislate.
(3)Any other regulations under section 1(1) are (if they have not been subject to the affirmative procedure) subject to the negative procedure.