67.This section allows the Lord President to take specified measures (see subsection (4)) in relation to a category 1 or category 2 regulator. The Scottish Ministers may by regulations (subject to the affirmative procedure) specify other measures that may be taken by the Lord President and make further provision about the measures that the Lord President may take. This may involve a completely new form of sanction or action or adjusting an existing measure, perhaps by adding further procedural requirements.
68.The Scottish Ministers can only exercise the regulation-making power following a request from the Lord President to do so. Before making a request, the Lord President must consult with each category 1 and category 2 regulator, the independent advisory panel of the Commission, and any other appropriate persons or bodies. A request must include the reasons for making the request and copies of representations received during the consultation period. In addition, the Lord President must publish those documents.
Background Part 1 – Regulatory Framework Powers of the Lord President in relation to regulators Section 19 – Measures open to the Lord President