Section 25 — Power to make regulations: Scottish Ministers

(1) The Scottish Ministers may by regulations make provision that—

(a) relates to a Scottish licensable marine activity,

(b) the Scottish Ministers consider appropriate for the purpose of implementing any Article 38 standards or guidelines, and

(c) would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(2) In subsection (1)— “Article 38 standards or guidelines” means standards or guidelines that may be adopted by the Conference of the Parties from time to time as mentioned in Article 38 of the Agreement; “Scottish licensable marine activity” means an activity within section 21 of the Marine (Scotland) Act 2010 (asp 5) (as that section has effect from time to time).

(3) Regulations under this section may amend or otherwise modify Part 4 of the Marine (Scotland) Act 2010 (marine licensing).

(4) Regulations under this section may—

(a) confer a function (including a discretion) on any person;

(b) make different provision for different purposes or for different areas;

(c) make consequential, supplementary, incidental, transitional, transitory or saving provision.

(5) The consequential provision that may be made by regulations in reliance on subsection (4)(c) includes provision amending an enactment within the meaning given by Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (whenever passed or made).

(6) Regulations under this section that contain provision amending an Act of Parliament or an Act of the Scottish Parliament (whether alone or with other provision) are subject to the affirmative procedure (see section 29 of that Act).

(7) Any other regulations under this section are subject to the negative procedure (see section 28 of that Act).