(1)Any power of the Scottish Ministers under this Act to make regulations or orders shall be exercisable by statutory instrument.
(2)Any power under this Act to make regulations or orders shall include power to make—
(a)different provision for different cases and for different classes of case; and
(b)such incidental, supplementary, consequential, saving or transitional provision as the Scottish Ministers consider necessary or expedient.
(3)Subject to subsection (4) below, a statutory instrument containing regulations or an order made under this Act (other than an order made under section 84(2) of this Act) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)A statutory instrument containing—
(a)an order under section F1... 68(1) or 69(1) of this Act;
(b)regulations under section [F23G(4), 3H(7), 13M(5), 13Q(4) 27A(5), 35A(1) or 41(1) or paragraph 26 of schedule A1] [F3or which consist of or include provision made by virtue of section 64(1C) of this Act]; or
[F4(c)regulations under section 3M(2)(c) which make provision about what may constitute a facility or measure,]
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
Subordinate Legislation Made
P1S. 81(2); power fully exercised; 1.7.2002 appointed for specified provisions by S.S.I. 2002/291, art. 2 (with art. 3)
Textual Amendments
F1Words in s. 81(4)(a) repealed (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(8)(a) (with s. 126); S.S.I. 2023/250, sch.
F2Words in s. 81(4)(b) substituted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(8)(b) (with s. 126) (as amended (27.11.2023) by S.S.I. 2023/347, regs. 1(1), 2(7)(b)); S.S.I. 2023/250, sch.
F3Words in s. 81(4)(b) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 51(7), 54(2); S.S.I. 2005/454, art. 2, Sch. 2
F4S. 81(4)(c) inserted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 3(8)(c) (with s. 126) (as amended (27.11.2023) by S.S.I. 2023/347, regs. 1(1), 2(7)(c)); S.S.I. 2023/250, sch.