Local Government in Scotland Act 2003

57 Power to modify enactments

(1) The Scottish Ministers may, by order, amend, repeal, revoke or disapply any enactment to which this section applies.

(2) This section applies to—

(a) any enactment which the Scottish Ministers consider prevents local authorities from discharging their duty under section 1(1), 13(1) or 15(1) above or hinders them in that discharge;

(b) any enactment which the Scottish Ministers consider prevents any participant in community planning from implementing a duty or exercising a power under sections 15 and 16 above or hinders a participant in that implementation or exercise;

(c) any enactment which the Scottish Ministers consider prevents local authorities from exercising their power under section 20(1) above.

(3) The power under subsection (1) above may be exercised in relation to—

(a) all authorities, bodies or other persons as respects which and whom it may be exercised;

(b) any class or classes of such authorities, bodies or persons; or

(c) a particular such authority, body or person.

(4) The power under subsection (1) above includes power to amend or disapply an enactment for a specified period.

(5) An order under this section shall be made by statutory instrument.

(6) No such order shall be made unless the statutory instrument has been laid in draft before and approved by resolution of the Scottish Parliament.