29 Orders
(1) Any power to make orders under this Act is exercisable by statutory instrument.
(2) Any such power includes power to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.
(3) No order is to be made under section 5 or 28 unless a draft has been laid before, and approved by resolution of, the Parliament.
(4) No order containing provisions which add to, replace or omit any part of the text of an Act is to be made under section 31(2) unless a draft has been laid before, and approved by resolution of, the Parliament.
(5) A statutory instrument containing an order under this Act (except sections 5, 28, 31(2) (where subsection (4) of this section applies) and 32) is to be subject to annulment in pursuance of a resolution of the Parliament.
Explanatory Notes Section 29 Orders This section sets out the procedures under which the powers to make orders under this bill are to be exercised. Under subsection (1), powers to make orders under this bill are exercised by making statutory instruments. Sub-section (2) allows for an order to include measures necessary to give effect to the order by way of transitional or consequential provisions associated with this bill. Sub-section (3) requires any order made under section 5 of the bill/Act (a designation order setting up a National Park) or section 28 (an order to modify or revoke a designation order) to be considered and approved in draft affirmative resolution of the Scottish Parliament before it is made. Sub-section (4) similarly applies the same procedure to any order made under section 31(2) which provides for textual changes to an Act of Parliament, or Act of the Scottish Parliament. Sub-section (5) provides that orders other than those made under section 5, 28 and 31(2) (unless they amend other Acts) and 32, are to be laid before the Parliament and will have effect unless any objection is raised and agreed to (negative resolution procedure). |