Section 39: Remedial regulations
139.Section 39 confers power on the Scottish Ministers to make remedial regulations. The power can be used for the following purposes, on condition that the Scottish Ministers consider that necessary or expedient and are satisfied that there are compelling reasons for making remedial regulations as distinct from taking any other course of action:
to address an incompatibility (or potential incompatibility) between, on the one hand, the UNCRC requirements and, on the other, any provision of “
affected legislation ” (an Act of the Scottish Parliament, an Act of the UK Parliament or subordinate legislation made under either kind of Act, which would be within the legislative competence of the Scottish Parliament to make);to address an incompatibility (or potential incompatibility) arising from anything done by a member of the Scottish Government (members of the Scottish Government are identified in section 44(1) of the Scotland Act 1998).
140.Criminal offences can be created by remedial regulations. Subsection (4) provides that a fine imposed on a person convicted under summary procedure of an offence created by remedial regulations cannot exceed level 5 on the standard scale. The standard scale is set in section 225 of the Criminal Procedure (Scotland) Act 1995. At the time of the publication of these Notes, a level 5 fine is £5,000.
