Interpretation and Legislative Reform (Scotland) Act 2010
Interpretation and Legislative Reform (Scotland) Act 2010
22010 asp 10
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th April 2010 and received Royal Assent on 3rd June 2010
An Act of the Scottish Parliament to make provision about the publication, interpretation and operation of Acts of the Scottish Parliament and instruments made under them; to make provision about the scrutiny of subordinate legislation by the Scottish Parliament; to make provision (including provision for the purposes of section 94(2)(b) of the Scotland Act 1998) about orders subject to special parliamentary procedure; to make provision about the laying of certain documents before the Scottish Parliament; and for connected purposes.
Part 1
Interpretation
Application of Part 1
1 Application of Part 1
(1) This Part applies to-
(a) Acts of the Scottish Parliament the Bills for which receive Royal Assent on or after the day on which this Part comes into force,
(b) Scottish instruments made on or after that day, and
(c) this Act.
(2) This Part does not apply in so far as-
(a) the Act or instrument provides otherwise, or
(b) the context of the Act or instrument otherwise requires.
(3) Subsection (2)(b) does not apply in relation to the application of section 20.
(4) In this Part, "Scottish instrument" means an instrument of a type mentioned in subsection (5) made under-
(a) an Act of the Scottish Parliament (whenever passed), or
(b) an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed).
(5) The types of instrument are-
(a) an Order in Council,
(b) an order,
(c) regulations,
(d) rules (including an act of sederunt, an act of adjournal and other rules of court),
(e) a scheme,
(f) a warrant,
(g) byelaws.
(6) References in this Part to an Act of the Scottish Parliament include references to a provision of an Act of the Scottish Parliament.
(7) References in this Part to a Scottish instrument include references to a provision of a Scottish instrument.
(8) The Scottish Ministers may by order modify subsection (5).
(9) An order under this section is subject to the affirmative procedure.
Commencement
2 Commencement of Acts of the Scottish Parliament
(1) Subsection (2) applies where no provision is made for the coming into force of an Act of the Scottish Parliament.
(2) The Act comes into force at the beginning of the day after the day on which the Bill for the Act receives Royal Assent.
3 Commencement of Acts of the Scottish Parliament and Scottish instruments: time
(1) Subsection (2) applies where an Act of the Scottish Parliament or a Scottish instrument provides for the Act or instrument to come into force on a particular day.
(2) The Act or instrument comes into force at the beginning of the day.
Powers
4 Exercise of powers before commencement of Act of the Scottish Parliament
(1) This section applies where an Act of the Scottish Parliament confers power to-
(a) make a Scottish instrument,
(b) establish bodies corporate,
(c) make appointments,
(d) give notices or documents,
(e) prescribe forms, or
(f) do any other thing for the purposes of the Act.
(2) A power mentioned in subsection (1) may be exercised during the pre-commencement period if it is necessary or expedient to do so for the purpose of bringing the Act into force or giving full effect to the Act at or after the time when the provision conferring the power comes into force.
(3) The pre-commencement period, in relation to a power mentioned in that subsection, is the period beginning with the day after the day on which the Bill for the Act receives Royal Assent and ending immediately before the coming into force of the provision of the Act that confers the power.
(4) A power mentioned in subsection (1) may not be exercised so as to bring into force subordinate legislation or anything else before the provision conferring the power comes into force.
5 Power to appoint to an office
(1) If an Act of the Scottish Parliament confers power to appoint a person to an office, the power includes power-
(a) to determine the terms and conditions of appointment,
(b) to remove or suspend a person from the office,
(c) to reappoint a person to the office,
(d) to reinstate a person in the office,
(e) where subsection (2) applies, to appoint a person to the office in place of the last holder of the office.
(2) This subsection applies where-
(a) the office is vacant,
(b) the person holding the office is suspended from office, or
(c) the person holding the office is incapacitated in a way that affects the performance of the person in the office.
6 Power to revoke, amend and re-enact
(1) Subsection (2) applies where an Act of the Scottish Parliament confers power ("the principal power") to make a Scottish instrument.
(2) The principal power includes power ("the ancillary power") to revoke, amend or re-enact any Scottish instrument made by virtue of the principal power (whether or not amended or re-enacted under the ancillary power).
7 Carrying out of powers and duties more than once
(1) A power conferred by an Act of the Scottish Parliament or a Scottish instrument may be exercised from time to time.
(2) A duty imposed by an Act of the Scottish Parliament or a Scottish instrument may be performed from time to time.
(3) The holder for the time being of an office-
(a) may exercise a power conferred on the holder of the office by an Act of the Scottish Parliament or a Scottish instrument,
(b) is to perform a duty imposed on the holder of the office by an Act of the Scottish Parliament or a Scottish instrument.
8 Additional powers on commencement by order
(1) Subsection (2) applies where an Act of the Scottish Parliament confers power on the Scottish Ministers to bring the Act into force on a day appointed by them by order.
(2) The power may be exercised so as to appoint different days for different purposes.
References to legislative provisions
9 References to Acts of the Scottish Parliament
(1) Subsection (2) applies where an Act of the Scottish Parliament or a Scottish instrument refers to-
(a) an Act of the Scottish Parliament numbered in accordance with article 4 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379),
(b) an Act of the Scottish Parliament by the calendar year, prefix and number written on that other Act by virtue of section 38(6), or
(c) a section or other provision or group of provisions of an Act of the Scottish Parliament by number or letter.
(2) The reference is to be read as referring to the Acts of the Scottish Parliament printed by the Queen's Printer for Scotland by virtue of section 92(1) of the Scotland Act 1998 (c. 46) .
(3) An Act of the Scottish Parliament may continue to be referred to by the short title conferred on it despite the repeal of the Act.
10 References to Acts of Parliament
(1) Subsection (2) applies where an Act of the Scottish Parliament or a Scottish instrument refers to-
(a) an Act of Parliament by year, statute, session or chapter, or
(b) a section or other provision or group of provisions of an Act of Parliament by number or letter.
(2) The reference is to be read as referring-
(a) in the case of Acts of Parliament included in any revised edition of the statutes printed by authority, to that edition,
(b) in the case of Acts of Parliament not so included but included in the edition prepared under the direction of the Record Commission, to that edition,
(c) in any other case, to the Acts of Parliament printed by the Queen's Printer of Acts of Parliament, or under the superintendence or authority of Her Majesty's Stationery Office.
11 References to Acts of the Parliaments of Scotland
(1) Subsection (2) applies where an Act of the Scottish Parliament or a Scottish instrument refers to-
(a) an Act of the Parliaments of Scotland passed before or in 1707 (an "old Scots Act") by year, statute, session or chapter, or
(b) a section or other provision or group of provisions of an old Scots Act by number or letter.
(2) The reference is to be read as referring-
(a) in the case of old Scots Acts included in any revised edition of the statutes printed by authority, to that edition,
(b) in the case of old Scots Acts not so included but included in the edition prepared under the direction of the Record Commission, to that edition,
(c) in any other case, to the old Scots Acts printed by the Queen's Printer of Acts of Parliament, or under the superintendence or authority of Her Majesty's Stationery Office.
12 References to EU instruments
(1) Subsection (2) applies where-
(a) an Act of the Scottish Parliament or a Scottish instrument refers to an EU...
To continue reading
Request your trial