106.Section 38 makes further provision about the regulation-making powers that the Act confers on the Scottish Ministers.
107.Subsection (1) makes clear that the powers can be used to make different provision for different purposes and also for different areas.
108.Subsection (2) provides that certain regulation-making powers conferred by the Act can be used to modify enactments. The word enactment is defined for this purpose by schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010, it includes Acts of the Scottish Parliament and Acts of the UK Parliament. There is a general presumption that a regulation-making power cannot be used to modify an Act of Parliament. Subsection (2) overcomes that presumption in relation to the powers it specifies. However, it confines the power to modify the Act itself to ancillary regulations under section 37. Elsewhere, the Act allows for certain regulation-making powers modifying specific provisions of itself (see sections 4(2) and 31(5)).
109.Subsections (3) to (5) set out the parliamentary scrutiny procedure that is to apply to regulations made under the powers that the Act confers. Those subsections refer to:
	the negative procedure, which is defined by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010, and
	the affirmative procedure, which is defined by section 29 of that Act.
Overview of the Act Regulation-making powers