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]
| 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| Text of statute as originally enacted | |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 | |
History
editIn 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]
Detail
editThe 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]
Primary legislation
editThe 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Scots Acts".[6] The Act also regulates how Acts of the Scottish Parliament can be interpreted, enacted, amended and repealed.[6]
Secondary legislation
editThe 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 "affirmative procedur"e requires formal approval of the draft instrument in plenary - this means the Scottish Parliament has to hold a vote before it can be approved.
- The "negative procedure" requires that legislation which has been made (signed) is subject to annulment by the Parliament for a period of 40 days after laying and provision takes effect on the coming into force date specified in the instrument, unless the Parliament passes a motion to annul the instrument.
- "Laid" means there is no procedure to review it
The Act maintains Acts of Sederunt and Acts of Adjournal in Scots Law.[6]
Commencement
editThe 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]
See also
editReferences
edit- ^ "Well-being, Wales". The Gazette Official Public Record. 16 December 2011. Retrieved 9 September 2024.
- ^ a b "2.5 Interpretation and Legislative Reform (Scotland) Act 2010". OpenLearn. Open University. Archived from the original on 10 July 2024. Retrieved 10 September 2024.
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.
- ^ "RENTON COMMITTEE REPORT ON LEGISLATION". api.parliament.uk. Parliament of the United Kingdom. 10 December 1975. Retrieved 10 September 2024.
Interpretation Act
- ^ Wolffe, Walter James (7 April 2021). "The Renton Lecture 2020: Devolution and the Statute Book". Statute Law Review. 42 (2): 121–136. doi:10.1093/slr/hmab003. Retrieved 10 September 2024.
- ^ "Annex B: Structure and drafting of Bills". The Scottish Parliament. The Scottish Parliament. Archived from the original on 10 September 2024. Retrieved 10 September 2024.
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").
- ^ a b c d e Scottish Parliament. Interpretation and Legislative Reform (Scotland) Act 2010 as amended (see also enacted form), from legislation.gov.uk.
- ^ "BILL HANDBOOK" (PDF). Scottish Government. Scottish Government. Archived from the original (PDF) on 9 September 2024. Retrieved 10 September 2024.
- ^ "Commencement of Parts 2, 4, 5 and Section 55(3) and Related Instruments to be made under the Interpretation and Legislative Reform (Scotland) Act 2010: Consultation Paper". Scottish Government. Scottish Government. 21 September 2010. Archived from the original on 11 June 2024. Retrieved 10 September 2024.
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.