Schedule 2 — Further Provision about Measures Open to the Scottish Ministers Part 4 – Making changes to regulatory functions
278.This Part of the schedule provides further detail about when and how the Lord President may make changes to the regulatory functions of a regulator. It may only be used when the matter cannot be addressed by any of the other measures available to the Lord President.
279.The particular regulator and regulatory scheme will determine how the Lord President is to make changes. This may be by direction from the Lord President to the regulator to change its scheme, if the regulatory scheme is capable of being changed by the regulator. The Lord President may also ask the Scottish Ministers to make the change to the regulator’s regulatory functions by regulations if it is not by way of a direction (for example where the regulatory functions are contained in an enactment). Given the significance of such a measure, a special parliamentary procedure for the making of such regulations is set out in paragraph 15 (which comes on top of the existing procedure in Part 6 of the schedule). This gives Parliament the opportunity to see the regulations in draft alongside an explanatory document that sets out the representations made at different stages of the consultation process and any changes made to the regulations as a result.
280.The Lord President must give notice of a decision (in accordance with paragraph 19) to impose a measure under this Part.