The Act
Commentary
Part 17 – General and Miscellaneous
General
Section 224 – Orders and regulations
848.Section 224 provides for the Parliamentary procedure which is to apply to orders and regulations made by statutory instrument under this Act. It provides for the majority of statutory instruments made under this Act to be subject to the negative resolution procedure of the Scottish Parliament. The exceptions to this are statutory instruments which modify another enactment such as an Act (including this Act), in which case they are subject to the affirmative resolution procedure. In addition, regulations made under sections 50(4), 83(3), 92(2) or (3), 97(7)(b) and 98(6), and the first regulations made under section 220(1), are to be subject to the affirmative resolution procedure. This provision does not apply to statutory instruments made under powers inserted by this Act into other legislation.
849.Subsections (3) and (5) also provide that second and subsequent regulations made under section 220(1) (court-based information disclosure orders) may, at the discretion of the Scottish Ministers, be made subject to either the affirmative or negative resolution procedure.
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