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Interpretation and Legislative Reform (Scotland) Act 2010

2010 asp 10 · Enacted 3 June 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 7 June 2024.

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.

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

Contents

  1. Part 1: Interpretation
  2. Application of Part 1
  3. 1Application of Part 1
  4. Commencement
  5. 2Commencement of Acts of the Scottish Parliament
  6. 3Commencement of Acts of the Scottish Parliament and Scottish instruments: time
  7. Powers
  8. 4Exercise of powers before commencement of Act of the Scottish Parliament
  9. 5Power to appoint to an office
  10. 6Power to revoke, amend and re-enact
  11. 7Carrying out of powers and duties more than once
  12. 8Additional powers on commencement by order
  13. References to legislative provisions
  14. 9References to Acts of the Scottish Parliament
  15. 10References to Acts of Parliament
  16. 11References to Acts of the Parliaments of Scotland
  17. 12References to certain EU instruments
  18. 13References to portions of legislative provisions
  19. 14References to other legislative provisions
  20. Repeals
  21. 15Effect of repeal generally
  22. 16Effect of repeal on existing rights
  23. 17Effect of repeal on existing liability to certain penalties
  24. 18Temporary Acts of the Scottish Parliament and Scottish instruments
  25. 19Effect of repeal and re-enactment
  26. Application of legislation to the Crown
  27. 20Application of Acts and instruments to the Crown
  28. Forms
  29. 21Forms
  30. Meaning of words and expressions used in legislation
  31. 22Number
  32. 23References to time of day
  33. 24Meaning of words and expressions used in instruments
  34. 25Definitions
  35. 26Service of documents
  36. Part 2: Scottish statutory instruments
  37. Definition
  38. 27Definition of “Scottish statutory instrument”
  39. Parliamentary scrutiny
  40. 28Instruments subject to the negative procedure
  41. 29Instruments subject to the affirmative procedure
  42. 30Other instruments laid before the Parliament
  43. 31Failure to lay instruments in accordance with section 28(2) or 30(2)
  44. 32Laying of Scottish statutory instruments before the Scottish Parliament
  45. Combination of certain powers
  46. 33Combination of certain powers
  47. Further provision about procedures
  48. 34Power to change procedure to which subordinate legislation is subject
  49. 35Procedures prescribed in pre-commencement enactments
  50. Statutory instruments subject to procedure in the Scottish Parliament
  51. 36Statutory instruments subject to procedure in the Scottish Parliament
  52. Interpretation of Part 2
  53. 37Interpretation of Part 2
  54. Part 3: Publication of Acts and instruments
  55. Acts of the Scottish Parliament
  56. 38Official prints of Acts of the Scottish Parliament
  57. 39Publication of official prints
  58. 40Preservation of official prints
  59. Scottish statutory instruments
  60. 41Queen's Printer to publish instruments
  61. 42Publication, numbering and citation: regulations
  62. 43Preservation of Scottish statutory instruments
  63. 44Publication in the Gazettes
  64. 45No duty to print Scottish statutory instruments
  65. 46Queen's Printer: delegation of functions
  66. Interpretation of Part 3
  67. 47Interpretation of Part 3
  68. Part 4: Orders subject to special parliamentary procedure
  69. 48Application of Part 4
  70. 49Notice of special procedure orders
  71. 50Orders to which objections are made
  72. 51Orders to which no objections are made
  73. 52Statement of objections
  74. 53Interpretation of Part 4
  75. Part 5: Laying of documents other than Scottish statutory instruments
  76. 54Laying of certain documents before the Scottish Parliament
  77. Part 6: Miscellaneous and general
  78. 55Consequential revocation of transitional Orders
  79. 56Orders
  80. 57Ancillary provision
  81. 58Short title and commencement
  82. Schedule 1: Definitions of words and expressions
  83. Definitions
  84. Paragraph
  85. Definitions relating to EU exit
  86. Definitions relating to the EU
  87. Schedule 2: Scottish statutory instruments: transitional and consequential provision
  88. Interpretation
  89. 1Paragraph 1
  90. Ministerial functions of making orders or regulations under pre-commencement enactments
  91. 2Paragraph 2
  92. Functions of making Orders in Council
  93. 3Paragraph 3
  94. Functions of making acts of adjournal or acts of sederunt
  95. 4Paragraph 4
  96. Other functions of making etc. subordinate legislation under pre-commencement enactments
  97. 5Paragraph 5
  98. Functions to which this schedule does not apply
  99. 6Paragraph 6
  100. Schedule 3: Modification of pre-commencement enactments
  101. Interpretation
  102. 1Paragraph 1
  103. Instruments subject to annulment in pursuance of a resolution of the Parliament
  104. 2Paragraph 2
  105. Instruments laid in draft which cannot be made where the Parliament so resolves within 40 days
  106. 3Paragraph 3
  107. Instruments required to be laid for a specified period before coming into force and subject to annulment by the Parliament
  108. 4Paragraph 4
  109. Instruments which cannot be made unless a draft is laid before and approved by resolution of the Parliament
  110. 5Paragraph 5
  111. Instruments made but which cannot come into force unless laid before, and approved by resolution of, the Parliament
  112. 6Paragraph 6
  113. Instruments required to be laid for a specified period before coming into force
  114. 7Paragraph 7
  115. Instruments not required to be laid before the Parliament
  116. 8Paragraph 8
  117. Schedule 4: Application of Part 2 to statutory instruments laid before the Parliament
  118. Interpretation
  119. 1Paragraph 1
  120. Instruments subject to annulment in pursuance of a resolution of the Parliament
  121. 2Paragraph 2
  122. Instruments which cannot be made unless a draft is laid before and approved by resolution of the Parliament
  123. 3Paragraph 3
  124. Other instruments laid before the Parliament
  125. 4Paragraph 4
  126. Laying of statutory instruments before the Parliament
  127. 5Paragraph 5