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Part 5SGeneral

88Orders and regulationsS

(1)Any power conferred by this Act on the Scottish Ministers to make orders or regulations shall be exercisable by statutory instrument.

(2)Any power conferred by this Act on the Scottish Ministers to make orders or regulations—

(a)may be exercised so as to make different provision for different purposes; and

(b)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate.

(3)A statutory instrument containing an order or regulations made under this Act (other than an order under section 90) shall, subject to subsection (4), be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4)A statutory instrument containing—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an order under section 87(1) modifying an enactment; or

(c)regulations under section 60(2)(c), 61(10), 78(8) or (9) or 81,

shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Textual Amendments

F1S. 88(4)(a) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)