Section 64 – Regulation-making powers
144.This section makes further provision about the powers the Scottish Ministers are given under this Act to make regulations. It provides that a power to make regulations includes the power to make different rules for different purposes or make incidental, supplementary, consequential, transitional, transitory or saving provision when doing so.
145.It also sets out the parliamentary procedure to which each regulation-making power is subject (i.e. affirmative or negative – see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
146.However, the section does not apply to commencement regulations. Provision is made in relation to them in section 66 instead (see paragraphs 149 and 150 of these Notes).
