Commentary on Sections Subordinate Legislation: Procedure Section 43: Orders and regulations
92.This sets out the procedure under which the Scottish Ministers can exercise powers which the Act gives them to make subordinate legislation. All orders and regulations are to be made by statutory instrument (and will be published as such).
93.Subsection (2) provides that any power to make regulations or orders may be used to make different provision for different purposes and includes power to make any incidental, supplementary, consequential, transitory, transitional or saving provisions as the Scottish Ministers consider appropriate.
94.In accordance with subsection (3) and subject to subsection (4), statutory instruments under the Act will be subject to the Scottish Parliament's negative resolution procedure, except for commencement orders and an order under section 50(2) setting a repeal day for the Act, which will not be subject to any parliamentary procedure.
95.Subsection (4) requires that no statutory instrument containing the first trading regulations, advertising regulations or regulations under section 19 (use of the internet) may be made unless a draft of the instrument has been laid before, and approved by a resolution of the Scottish Parliament.