113 Subordinate legislation: scope of powers
Scotland Act 1998 (1998 c 46) | Legislation

113  Subordinate legislation: scope of powers

(1)     References in this section to a power are to an open power and to any other power to make subordinate legislation conferred by this Act which is exercisable by Her Majesty in Council or by a Minister of the Crown, and include a power as extended by this section.

[(1A)     Subsections (2) to (11), except subsection (9), apply also to the power of the Scottish Ministers to make an order under section 12.]

(2)     A power may be exercised so as to make different provision for different purposes.

(3)     A power (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to—

(a)     those cases subject to specified exceptions, or

(b)     any particular case or class of case.

(4)     A power includes power to make—

(a)     any supplementary, incidental or consequential provision, and

(b)     any transitory, transitional or saving provision,

which the person making the legislation considers

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