Commentary on Sections Final provisions Section 32: Regulation-making powers
71.This section makes provision about Ministers’ powers to make regulations under the Act.
72.Subsection (1) provides that each power to make regulations in the Act may be used to make different provision for different purposes and includes power to make any incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.
73.Subsection (2) provides that the trading regulations, advertising regulations and regulations under section 5 (on provision of electronic facilities) are subject to the affirmative parliamentary procedure.
74.Subsection (3) provides that regulations under the following sections are subject to the negative parliamentary procedure: under section 1(1) defining the scope of the event zones; under section 26(3) on compensation, and under section 29 on further due process for officers and constables taking enforcement action.
75.Subsection (4) provides that this section does not apply to commencement regulations under section 35(2). These will be subject to no procedure other than being laid before Parliament in accordance with section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010. This also has the effect that it will not be possible to make incidental, supplementary, consequential, transitional, transitory or saving provision in the commencement regulations.