Act of the Scottish Parliament | |
Long title | 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. |
---|---|
Citation | 2010 asp 10 |
Introduced by | Alex Salmond MSP |
Territorial extent | Scotland |
Dates | |
Royal assent | 3 June 2010 |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) is an Act of the Scottish Parliament that was given royal assent on 29 April 2015; it came into force in April 2016. [1]
In January 2009, the Scottish Parliament established a consultation into the interpretation of legislation. [2] The consultation referred to the Renton Report, a 1975 report of which specifically called for an updated "Interpretation Act" to simplify legislative language and for a Statute Law Committee to be established. [2] [3]
The Lord Advocate, James Wolffe, gave the 2020 Renton Lecture and described the amount of freedom of the Scottish Parliament to choose how it will legislate describing, while not directly referring to the Act, refers to many of the provisions of the Act. [4] Though, the Interpretation Act 1978 still applies in a limited way to Acts of the Scottish Parliament. [5]
The Act places regulations how Acts of the Parliament of the United Kingdom, Acts of the Parliament of Scotland and Acts of the Scottish Parliament can be referred to in other legislation. [6] The Act designates Acts of the Parliament of Scotland as "Old Scots Acts". [6] The Act also regulates how Acts of the Scottish Parliament can be interpreted, enacted, amended and repealed. [6]
The Act regulates how Scottish Statutory Instruments can be interpreted, enacted, amended and revoked. [6] There are 3 types of procedure for reviewing secondary legislation: [7]
The Act maintains Acts of Sederunt and Acts of Adjournal in Scots Law. [6]
The consultation for commencing the last provisions of the legislation included three draft statutory instruments including the: the Harbours Act 1964 Modification Order 2011, the Roads (Scotland) Act 1984 Modification Order 2011 and the Transport and Works (Scotland) Act 2007 Modification Order 2011, which were written to amend existing legislation to interface correctly with the Act. [8]
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament.
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions, as well as the United States and the Philippines, primary legislation has both a short title and a long title.
In law, coming into force or entry into force is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Before 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sources of legislation in the United Kingdom, and because of the different histories of the constituent countries of the United Kingdom.
A Scottish statutory instrument is subordinate legislation made by the Scottish Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Scottish statutory instrument. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the King-in-Council.
In many countries, a statutory instrument is a form of delegated legislation.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
An Act of Sederunt is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval.
The Interpretation Act 1954 is an act of the Parliament of Northern Ireland. The Act makes provision for the interpretation of Acts of the Parliament of Northern Ireland. The Act is known as a "Interpretation Act".
The Statutory Instruments Act 1946 is an Act of the United Kingdom Parliament which governs the making of statutory instruments.
An Act of Adjournal is secondary legislation made by the High Court of Justiciary, the supreme criminal court of Scotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily derived from the Criminal Procedure (Scotland) Act 1995, the original power to create Acts of Adjournal is derived from an Act of the Parliament of Scotland of 1672. Before promulgation, Acts of Adjournal are reviewed and may be commented upon by the Criminal Courts Rules Council.
Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
An act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.
The Legislation (Wales) Act 2019 is an Act of the National Assembly for Wales, which is designed to provide guidance on how to draft and interpret primary and secondary legislation of the Assembly.
A Welsh statutory instrument is subordinate legislation made by the Welsh Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Welsh statutory instrument. WSIs are the main form of subordinate legislation in Wales, being used by default to exercise powers delegated to the Scottish Ministers, the Counsel General, and the King-in-Council.
In January 2009 the Scottish Government issued a consultation paper in relation to a number of technical procedures, including those for making secondary legislation and for interpreting Acts. The consultation paper noted that the Renton Committee 1975 report stated 'A general Interpretation Act can help to shorten and simplify particular Acts of Parliament, to clarify their effects by enacting rules of construction, and to standardise common-form provisions'. The Interpretation and Legislative Reform (Scotland) Bill aimed to achieve this and the subsequent Act defines a number of words and expressions that are commonly used in legislation.
Interpretation Act
The Interpretation Act only applies to ASPs to the limited extent provided by paragraph 16 of Schedule 8 to the Scotland Act 1998; however, other interpretation provisions are provided in the Interpretation and Legislative Reform (Scotland) Act 2010 ("the 2010 Act").
Three Orders to make amendments to existing legislation on transport and works, roads and harbours under sections 56 and 57(1) to ensure that existing legislation on those subjects correctly interfaces with the Act's provisions on parliamentary scrutiny of subordinate legislation.