The negative procedure therefore strikes the right balance, given the nature of the power, between the need for scrutiny and the need to make best use of parliamentary time and resource. Section 40: Visits to and by adult care home residents – inserting Section 78C of the Public Services Reform (Scotland) Act 2010 (Code of practice on care home residents’ rights to visits) Power conferred on: Scottish Ministers Power exercisable by: Code of practice Parliamentary procedure: N/A Revised or new: New Provision 25.