Part 3: Final Provisions
Section 32 – Regulation-making powers
242.This section makes further provision about the regulation-making powers given to the Scottish Ministers under the Act. In particular—
it allows regulations to make different provision for different purposes, and to make ancillary provision of the types listed,
it sets out the parliamentary procedure to which each regulation-making power is subject (i.e. negative or affirmative – see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
243.However, this section does not apply to commencement regulations as they are covered by section 34 instead (see paragraphs 247 to 251 of these Notes). This section also does not apply to the regulation-making power which the Act inserts into the 1995 Act as it is subject to separate provision under that Act.
Section 33 – Ancillary provision
244.This section empowers the Scottish Ministers, by regulations, to make various types of ancillary provision for the purposes of, in connection with, or to give full effect to the Act or any provision made under it.
245.Regulations under this section may modify any enactment (including the Act itself). The word “enactment” is defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 and includes Acts of the Scottish or UK Parliaments as well as secondary legislation.
246.If regulations under this section textually amend an Act then they are subject to the affirmative procedure, but otherwise they are subject to the negative procedure (see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Section 34 – Commencement
247.This section sets out when the provisions of the Act will come into force (i.e. take effect).
248.All of the final sections in Part 3, including this section, will come into force automatically on the day after Royal Assent is granted.
249.The provisions which are set out in subsection (3) will come into force on the later of the day after Royal Assent and 1 December 2025. The provisions in question are the criminal justice measures which are essentially making permanent provision which is already in force on a temporary basis just now.
250.All other provisions will be commenced in accordance with regulations made by the Scottish Ministers under this section. Such regulations may include transitional, transitory or saving provision related to commencement and may make different provision for different purposes. In particular, this allows different provisions to be commenced on different days.
251.Regulations under this section will, unless exercised in conjunction with powers under other sections, be laid before the Scottish Parliament but will not be subject to any parliamentary procedure (see section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Section 35 – Short title
252.This section provides for the short title of the Act to be the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025.
