Scottish Parliament SIs
Legislation
This source contains Scottish Parliament Statutory Instruments.
The new Scottish Parliament was established on 1 July 1999 and is authorised to make both primary and secondary legislation. The primary legislation is referred to as Acts of the Scottish Parliament (ASPs); the secondary legislation is referred to as Scottish Statutory Instruments (SSIs).
The source contains the full, amended text of all public general SSIs that are currently in force. SSIs that have been recently enacted but are not yet in force are also included. SSIs that are no longer in force do not appear in full text but a note explains why the enactment no longer applies.
SOURCE CURRENCY
This source is updated on a regular basis
UPDATE INFORMATION
Amendments made by new legislation are incorporated into the text of existing legislation. The NOTES segment at the end of each document indicates the changes that have been made to the text:
An ellipsis ( . . . ) indicates that text has been repealed or in certain enactments before 1998 that the text was solely amending (the amendments will be detailed in the Notes segment).
Square brackets denote text that has been inserted or substituted.
Italicised text is prospectively repealed, substituted or disapplied. These rules apply whether the amendment/repeal is of a whole provision (section) or of text within a provision. Text is also italicised for legislation which has been repealed, substituted or disapplied in part and/or is still partly in force.
When text is repealed, revoked (as a general rule, Acts are repealed and SIs are revoked) or disapplied (in relation to one of the National Administrations)
- whilst the repeal is prospective (ie not yet in force), the repealed text is italicised
- whilst the repeal is partly in force, the repealed text is italicised
- once the repeal has come into force, the repealed text is replaced with an ellipsis (3 dots)
When new text is inserted
- whilst the insertion is prospective, the inserted text appears in square brackets and is underlined
- once the insertion is in force, the inserted text appears in square brackets (and the underlining disappears)
When existing text is substituted
- whilst the substitution is prospective, the existing text will appear in italics followed by the new (replacing) text in square brackets and underlined
- whilst the substitution is partly in force, the existing text will appear in italics followed by the new (replacing) text in square brackets.
- once the substitution is in force, the existing text will disappear altogether and the new (replacing) text will appear in square brackets (without underlining).
Initial Commencement Notes
There are 3 types of Initial Commencement note - Royal Assent, Specified Date and To Be Appointed:
a provision will come into force on Royal Assent (or Date Made in the case of SIs) where there is no specific provision made for the commencement of that provision.
eg Sub-s (1): Royal Assent: 1 January 1999: see the Health Act 1999, s 84(2).
a Specified Date note is written where specific provision is made for the commencement of a provision on a particular date.
eg Sub-s (2): Specified Date: 1 March 1999: see the Health Act 1999, s 84(3).
a To Be Appointed note is written where the provision in question is to come into force on a date to be appointed.
eg Sub-s (3): To be appointed: see the Health Act 1999, s 84(4).
Appointment Notes
Appointment notes detail the subsequent commencement of a provision (or part thereof) by Commencement Order.
eg Sub-s (3): Appointment: 1 May 1999: see SI 1999/1347, art 2.
Amendment Notes
A change to statutory text will be treated as an amendment if the change has effect for all purposes for which the text applies. Wherever text has been amended, a note will have been written explaining the alteration that has been made to the text.
The authority for an amendment is cited in the Note. The date on which the amendment came into force will also have been noted.
eg Sub-s (1): words "xyz" in square brackets substituted by the Health Act 1999, s 23(1). Date in force: 1 June 1999: see the Health Act 1999, s 84(2).
Modification Notes
A change to statutory text will be treated as a modification if the change has effect for only some of the purposes for which the text applies (eg if the text applies to cats and dogs and is altered in so far as it applies to cats only, that change will be treated as a modification rather than an amendment, as the original text continues to apply in unamended form to dogs). Modifications are not incorporated into the text of the affected provision, but will be noted in the Notes segment to that provision instead.
A modification note may also be written to draw the user's attention to "non-textual" alterations to a provision (eg if provision is made for a reference to X in another enactment to be construed as including a reference to Y). In this situation there is no specific instruction to alter the text and it is often the case that the text could not be altered sensibly.
eg Modified, in relation to ............, by the Civil Courts (Modification of Procedure) (No 2) Order 1999, SI 1999/3173, art 1(a).
See Further Notes
See Further notes alert the user to provisions of other enactments of which they may need to be aware.
eg See further, in relation to the disapplication of this section in relation to "special parking areas": the Road Traffic Act 1991, s 76.
Transfer of Function Notes
A Transfer of Functions note will be written when, as a consequence of the reorganisation of Government departments, certain functions, rights or duties are transferred from one Minister to another.
eg The functions of the Secretary of State for Employment, referred to in sub-s (2), are transferred, insofar as they relate to small businesses, to the Secretary of State for Trade and Industry by the Transfer of Functions (Trade and Industry) Order 1992, SI 1992/1001, art 6(4).
Subordinate Legislation Notes
Subordinate Legislation notes have been added since the beginning of 1999 and note any exercise of the power to make subordinate legislation conferred by a provision.
eg Civil Courts (Modification of Procedure) (No 2) Order 1999, SI 1999/3173 (made under sub-s (1))..
Derivation Notes
Derivation notes are written on provisions of consolidating Acts of Parliament, to indicate from which earlier enactments the provision in question is derived.
eg Sub-ss (1), (4), (5) derived from the Water Act 1989, ss 36(2), 32(3), 38(1), respectively; sub-ss (2), (3) derived from the Water Act 1989, s 37(4); sub-s (6) derived from the Water Act 1989, s 32(4) and gives effect to Law Commission Recommendation No 29, Cmnd 1483.
Appointed Day Notes
Appointed Day notes detail the appointment of a date for specified purposes.
eg Appointed day, for the purposes of sub-s (3): 30 November 1991: see SI 1991 No 1742, art 3.
Miscellaneous Notes
A Miscellaneous note will be written to alert the user to some other information that may be relevant but which does not fall within one of the other categories of note.
eg Amount specified under sub-s (1) above, for the purposes of Northern Ireland , is 3,000: see the Unfair Arbitration Agreements (Specified Amount) Order (Northern Ireland) 1996, SR 1996 No 598.
The new Scottish Parliament was established on 1 July 1999 and is authorised to make both primary and secondary legislation. The primary legislation is referred to as Acts of the Scottish Parliament (ASPs); the secondary legislation is referred to as Scottish Statutory Instruments (SSIs).
The source contains the full, amended text of all public general SSIs that are currently in force. SSIs that have been recently enacted but are not yet in force are also included. SSIs that are no longer in force do not appear in full text but a note explains why the enactment no longer applies.
SOURCE CURRENCY
This source is updated on a regular basis
UPDATE INFORMATION
Amendments made by new legislation are incorporated into the text of existing legislation. The NOTES segment at the end of each document indicates the changes that have been made to the text:
An ellipsis ( . . . ) indicates that text has been repealed or in certain enactments before 1998 that the text was solely amending (the amendments will be detailed in the Notes segment).
Square brackets denote text that has been inserted or substituted.
Italicised text is prospectively repealed, substituted or disapplied. These rules apply whether the amendment/repeal is of a whole provision (section) or of text within a provision. Text is also italicised for legislation which has been repealed, substituted or disapplied in part and/or is still partly in force.
When text is repealed, revoked (as a general rule, Acts are repealed and SIs are revoked) or disapplied (in relation to one of the National Administrations)
- whilst the repeal is prospective (ie not yet in force), the repealed text is italicised
- whilst the repeal is partly in force, the repealed text is italicised
- once the repeal has come into force, the repealed text is replaced with an ellipsis (3 dots)
When new text is inserted
- whilst the insertion is prospective, the inserted text appears in square brackets and is underlined
- once the insertion is in force, the inserted text appears in square brackets (and the underlining disappears)
When existing text is substituted
- whilst the substitution is prospective, the existing text will appear in italics followed by the new (replacing) text in square brackets and underlined
- whilst the substitution is partly in force, the existing text will appear in italics followed by the new (replacing) text in square brackets.
- once the substitution is in force, the existing text will disappear altogether and the new (replacing) text will appear in square brackets (without underlining).
Initial Commencement Notes
There are 3 types of Initial Commencement note - Royal Assent, Specified Date and To Be Appointed:
a provision will come into force on Royal Assent (or Date Made in the case of SIs) where there is no specific provision made for the commencement of that provision.
eg Sub-s (1): Royal Assent: 1 January 1999: see the Health Act 1999, s 84(2).
a Specified Date note is written where specific provision is made for the commencement of a provision on a particular date.
eg Sub-s (2): Specified Date: 1 March 1999: see the Health Act 1999, s 84(3).
a To Be Appointed note is written where the provision in question is to come into force on a date to be appointed.
eg Sub-s (3): To be appointed: see the Health Act 1999, s 84(4).
Appointment Notes
Appointment notes detail the subsequent commencement of a provision (or part thereof) by Commencement Order.
eg Sub-s (3): Appointment: 1 May 1999: see SI 1999/1347, art 2.
Amendment Notes
A change to statutory text will be treated as an amendment if the change has effect for all purposes for which the text applies. Wherever text has been amended, a note will have been written explaining the alteration that has been made to the text.
The authority for an amendment is cited in the Note. The date on which the amendment came into force will also have been noted.
eg Sub-s (1): words "xyz" in square brackets substituted by the Health Act 1999, s 23(1). Date in force: 1 June 1999: see the Health Act 1999, s 84(2).
Modification Notes
A change to statutory text will be treated as a modification if the change has effect for only some of the purposes for which the text applies (eg if the text applies to cats and dogs and is altered in so far as it applies to cats only, that change will be treated as a modification rather than an amendment, as the original text continues to apply in unamended form to dogs). Modifications are not incorporated into the text of the affected provision, but will be noted in the Notes segment to that provision instead.
A modification note may also be written to draw the user's attention to "non-textual" alterations to a provision (eg if provision is made for a reference to X in another enactment to be construed as including a reference to Y). In this situation there is no specific instruction to alter the text and it is often the case that the text could not be altered sensibly.
eg Modified, in relation to ............, by the Civil Courts (Modification of Procedure) (No 2) Order 1999, SI 1999/3173, art 1(a).
See Further Notes
See Further notes alert the user to provisions of other enactments of which they may need to be aware.
eg See further, in relation to the disapplication of this section in relation to "special parking areas": the Road Traffic Act 1991, s 76.
Transfer of Function Notes
A Transfer of Functions note will be written when, as a consequence of the reorganisation of Government departments, certain functions, rights or duties are transferred from one Minister to another.
eg The functions of the Secretary of State for Employment, referred to in sub-s (2), are transferred, insofar as they relate to small businesses, to the Secretary of State for Trade and Industry by the Transfer of Functions (Trade and Industry) Order 1992, SI 1992/1001, art 6(4).
Subordinate Legislation Notes
Subordinate Legislation notes have been added since the beginning of 1999 and note any exercise of the power to make subordinate legislation conferred by a provision.
eg Civil Courts (Modification of Procedure) (No 2) Order 1999, SI 1999/3173 (made under sub-s (1))..
Derivation Notes
Derivation notes are written on provisions of consolidating Acts of Parliament, to indicate from which earlier enactments the provision in question is derived.
eg Sub-ss (1), (4), (5) derived from the Water Act 1989, ss 36(2), 32(3), 38(1), respectively; sub-ss (2), (3) derived from the Water Act 1989, s 37(4); sub-s (6) derived from the Water Act 1989, s 32(4) and gives effect to Law Commission Recommendation No 29, Cmnd 1483.
Appointed Day Notes
Appointed Day notes detail the appointment of a date for specified purposes.
eg Appointed day, for the purposes of sub-s (3): 30 November 1991: see SI 1991 No 1742, art 3.
Miscellaneous Notes
A Miscellaneous note will be written to alert the user to some other information that may be relevant but which does not fall within one of the other categories of note.
eg Amount specified under sub-s (1) above, for the purposes of Northern Ireland , is 3,000: see the Unfair Arbitration Agreements (Specified Amount) Order (Northern Ireland) 1996, SR 1996 No 598.
