Commentary on Sections Section 17: Orders
64.Subsection (1) provides for the powers given to the Scottish Ministers to make orders under the Act to be exercisable by statutory instrument. It also provides that the power may be exercised to make different provision for different cases or different classes of case.
65.Subsection (2) provides that any statutory instrument containing an order made under the Act cannot be made unless a draft of the instrument has been laid before, and approved by a resolution of the Parliament. This applies to those instruments made under sections 2(7) (varying or adding to the requirements of and steps to be included in a dog control notice); section 4(4) (enabling Scottish Ministers to make provision to allow a local authority to share and give access to information); or section 8 (making an order establishing a Scottish dog control database).
66.Subsection (3) provides that any statutory instrument containing an order made under section 2(11) of the Act (prescribing the form of a dog control notice) is subject to annulment in pursuance of a resolution of Parliament.