Part 3

General and miscellaneous

Regulation-making powers
64
1
Any power of the Scottish Ministers to make regulations under this Act includes the power to make—
a
different provision for different purposes,
b
incidental, supplementary, consequential, transitional, transitory or saving provision.
2
Regulations under any of the following provisions are subject to the affirmative procedure—
a
section 37
(2)
,
b
section 38
(4)
,
c
section 39
(6)
,
d
section 45
(8)
,
e
section 48
(7)
.
3
Regulations under any of the following provisions are subject to the negative procedure—
a
section 7(3)(a) or (b)(i),
b
section 9
(1)
,
c
paragraph 2(2) of schedule 1,
d
paragraph 14(6) of schedule 1,
e
paragraph 5(2) of schedule 3.
4
Regulations under section 65—
a
are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,
b
otherwise, are subject to the negative procedure.
5
This section does not apply to regulations under section 66.
S. 64 in force at 7.8.2025, see s. 66(1)