Commentary on Parts Ancillary provisions
116.Paragraph (a) of section 102 allows the Scottish Ministers to modify any enactment in order to ensure a body established by an enactment is able to meet the charity test in either, or both, of sections 7(3) (a) or (b) of the Act. This provision may be used if it were to be decided that an existing charitable non-departmental public body (NDPB) should remain a charity but was prevented from doing so by an enactment providing the Scottish Ministers with powers to control the distribution of the body’s assets or control of the body via a power of direction. Modifying the enactment would then ensure the body could comply with these sections of this Act.
117.Paragraph (b) of section 102 provides ancillary powers for the Scottish Ministers to make other incidental, supplemental, consequential, transitional, transitory or saving provisions considered necessary for this Act.
118.Section 103 sets out the procedures for the Scottish Ministers to make orders, regulations or rules by statutory instrument under the Act. Instruments are generally made by negative resolution, except orders under section 7(5), section 19(8) and those under section 102 which add to, replace or omit any part of the text of primary legislation, regulations under sections 64(d), 83(1) and commencement orders under section 107(2). These exceptions are subject to affirmative resolution in the Parliament.
119.Section 104 relates to schedule 4 which contains minor and consequential amendments to other primary legislation in consequence of this Act. Schedule 4 includes amendments to several Acts: