Commentary on Parts Part 8 – Final Provisions Section 42 - Regulations
124.Subsection (1) provides that any power of the Scottish Ministers to make regulations under this Act includes power to make different provision for different purposes and to make incidental, supplementary, consequential, transitional, transitory or saving provision.
125.Subsection (2) provides that regulations under sections 1(3), 7(1), 8(1), 13, 14(1), 21(4), 23(1) and 25(2) are subject to the affirmative procedure. Regulations under section 43(1) which add to, replace or omit the text of an Act are also subject to that procedure.
126.Subsection (3) provides that all other regulations under this Act are subject to the negative procedure. But subsection (3) does not apply to commencement regulations under section 45 (see subsection (4)). Such commencement regulations are subject to no parliamentary procedure.