Commentary on Sections Part 11 - General Section 201 - Orders and regulations
795.This section regulates the powers of the Scottish Ministers contained in the Act to make regulations and orders. It provides for these powers to be exercisable by statutory instrument, and provides standard powers for instruments to include ancillary provisions and to make different provisions for different purposes. It also provides for the level of Parliamentary procedure to which any instrument is to be subject. In particular, section 201(4)(d) provides that any order brought forward under the powers contained in section 204 which modifies any enactment (which could be through either textual or non textual amendment) will be subject to affirmative resolution procedure.