Interpretation and Legislative Reform (Scotland) Act 2010
2010 asp 10 · Enacted 3 June 2010 · Extends to Scotland
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
- Part 1: Interpretation
- Application of Part 1
- 1Application of Part 1
- Commencement
- 2Commencement of Acts of the Scottish Parliament
- 3Commencement of Acts of the Scottish Parliament and Scottish instruments: time
- Powers
- 4Exercise of powers before commencement of Act of the Scottish Parliament
- 5Power to appoint to an office
- 6Power to revoke, amend and re-enact
- 7Carrying out of powers and duties more than once
- 8Additional powers on commencement by order
- References to legislative provisions
- 9References to Acts of the Scottish Parliament
- 10References to Acts of Parliament
- 11References to Acts of the Parliaments of Scotland
- 12References to certain EU instruments
- 13References to portions of legislative provisions
- 14References to other legislative provisions
- Repeals
- 15Effect of repeal generally
- 16Effect of repeal on existing rights
- 17Effect of repeal on existing liability to certain penalties
- 18Temporary Acts of the Scottish Parliament and Scottish instruments
- 19Effect of repeal and re-enactment
- Application of legislation to the Crown
- 20Application of Acts and instruments to the Crown
- Forms
- 21Forms
- Meaning of words and expressions used in legislation
- 22Number
- 23References to time of day
- 24Meaning of words and expressions used in instruments
- 25Definitions
- 26Service of documents
- Part 2: Scottish statutory instruments
- Definition
- 27Definition of “Scottish statutory instrument”
- Parliamentary scrutiny
- 28Instruments subject to the negative procedure
- 29Instruments subject to the affirmative procedure
- 30Other instruments laid before the Parliament
- 31Failure to lay instruments in accordance with section 28(2) or 30(2)
- 32Laying of Scottish statutory instruments before the Scottish Parliament
- Combination of certain powers
- 33Combination of certain powers
- Further provision about procedures
- 34Power to change procedure to which subordinate legislation is subject
- 35Procedures prescribed in pre-commencement enactments
- Statutory instruments subject to procedure in the Scottish Parliament
- 36Statutory instruments subject to procedure in the Scottish Parliament
- Interpretation of Part 2
- 37Interpretation of Part 2
- Part 3: Publication of Acts and instruments
- Acts of the Scottish Parliament
- 38Official prints of Acts of the Scottish Parliament
- 39Publication of official prints
- 40Preservation of official prints
- Scottish statutory instruments
- 41Queen's Printer to publish instruments
- 42Publication, numbering and citation: regulations
- 43Preservation of Scottish statutory instruments
- 44Publication in the Gazettes
- 45No duty to print Scottish statutory instruments
- 46Queen's Printer: delegation of functions
- Interpretation of Part 3
- 47Interpretation of Part 3
- Part 4: Orders subject to special parliamentary procedure
- 48Application of Part 4
- 49Notice of special procedure orders
- 50Orders to which objections are made
- 51Orders to which no objections are made
- 52Statement of objections
- 53Interpretation of Part 4
- Part 5: Laying of documents other than Scottish statutory instruments
- 54Laying of certain documents before the Scottish Parliament
- Part 6: Miscellaneous and general
- 55Consequential revocation of transitional Orders
- 56Orders
- 57Ancillary provision
- 58Short title and commencement
- Schedule 1: Definitions of words and expressions
- Definitions
- Paragraph
- Definitions relating to EU exit
- Definitions relating to the EU
- Schedule 2: Scottish statutory instruments: transitional and consequential provision
- Interpretation
- 1Paragraph 1
- Ministerial functions of making orders or regulations under pre-commencement enactments
- 2Paragraph 2
- Functions of making Orders in Council
- 3Paragraph 3
- Functions of making acts of adjournal or acts of sederunt
- 4Paragraph 4
- Other functions of making etc. subordinate legislation under pre-commencement enactments
- 5Paragraph 5
- Functions to which this schedule does not apply
- 6Paragraph 6
- Schedule 3: Modification of pre-commencement enactments
- Interpretation
- 1Paragraph 1
- Instruments subject to annulment in pursuance of a resolution of the Parliament
- 2Paragraph 2
- Instruments laid in draft which cannot be made where the Parliament so resolves within 40 days
- 3Paragraph 3
- Instruments required to be laid for a specified period before coming into force and subject to annulment by the Parliament
- 4Paragraph 4
- Instruments which cannot be made unless a draft is laid before and approved by resolution of the Parliament
- 5Paragraph 5
- Instruments made but which cannot come into force unless laid before, and approved by resolution of, the Parliament
- 6Paragraph 6
- Instruments required to be laid for a specified period before coming into force
- 7Paragraph 7
- Instruments not required to be laid before the Parliament
- 8Paragraph 8
- Schedule 4: Application of Part 2 to statutory instruments laid before the Parliament
- Interpretation
- 1Paragraph 1
- Instruments subject to annulment in pursuance of a resolution of the Parliament
- 2Paragraph 2
- Instruments which cannot be made unless a draft is laid before and approved by resolution of the Parliament
- 3Paragraph 3
- Other instruments laid before the Parliament
- 4Paragraph 4
- Laying of statutory instruments before the Parliament
- 5Paragraph 5