Agriculture (Retained EU Law and Data) (Scotland) Bill 13 Part 3—General P ART 3 G ENERAL 20 Regulations: supplementary (1) A power of the Scottish Ministers to make regulations under this Act includes power to 5 make— (a) different provision for different purposes, (b) incidental, supplementary, consequential, transitional, transitory or saving provision. (2) The provision that may be made by virtue of subsection (1)(b) includes provision 10 modifying any enactment. (3) Regulations which— (a) contain provision made by virtue of subsection (1)(b) that adds to, replaces or omits any part of the text of an Act, and (b) would, apart from this subsection, be subject to the negative procedure, 15 are subject to the affirmative procedure. (4) Regulations under this Act creating an offence may not provide for the offence to be punishable with imprisonment for a period exceeding— (a) 5 years, in the case of a conviction on indictment, (b) 12 months, in the case of a summary conviction. 20 (5) This section does not apply to regulations under section 23. 20A Requirement for new Scottish agricultural policy (1) The Scottish Ministers must lay a report before the Parliament on progress towards establishing a new Scottish agricultural policy. (2) A report under subsection (1) must include— 25 (a) the Scottish Ministers’ policies and proposals as to— (i) the sustainability of Scottish agriculture and its resilience to climate change, (ii) the simplicity of any modified or future agricultural payment schemes, (iii) the profitability of Scottish agriculture and the agri-food supply chain, (iv) the support and encouragement to innovations and good business practice, 30 (v...