Interpretation and Legislative Reform (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section PART 1 INTERPRETATION Application of Part 1 1 Application of Part 1 Commencement 2 Commencement of Acts of the Scottish Parliament 3 Commencement of Acts of the Scottish Parliament and Scottish instruments: time Powers 4 Exercise of powers before commencement of Act of the Scottish Parliament 5 Power to appoint to an office 6 Power to revoke, amend and re-enact 7 Carrying out of powers and duties more than once 8 Additional powers on commencement by order References to legislative provisions 9 References to Acts of the Scottish Parliament 10 References to Acts of Parliament 11 References to Acts of the Parliaments of Scotland 12 References to EU instruments 13 References to portions of legislative provisions 14 References to other legislative provisions Repeals 15 Effect of repeal generally 16 Effect of repeal on existing rights 17 Effect of repeal on existing liability to certain penalties 18 Temporary Acts of the Scottish Parliament and Scottish instruments 19 Effect of repeal and re-enactment Application of legislation to the Crown 20 Application of Acts and instruments to the Crown Forms 21 Forms SP Bill 27A Session 3 (2010) ii Interpretation and Legislative Reform (Scotland) Bill Meaning of words and expressions used in legislation 22 Number 23 References to time of day 24 Meaning of words and expressions used in instruments 25 Definitions 26 Service of documents PART 2 SCOTTISH STATUTORY INSTRUMENTS Definition 27 Definition of “Scottish statutory instrument” Parliamentary scrutiny 28 Instruments subject to the negative procedure 29 Instruments subject to the affirmative procedure 30 Other instruments laid before the Parliament 31 Failure to lay instruments in accordance with section 28(2) or 30(2) 32 Laying of Scottish statutory instruments before the Scottish Parliament Combination of certain powers 33 Combination of certain powers Further provision about procedures 34 Power to change procedure to which subordinate legislation is subject 35 Procedures prescribed in pre-commencement enactments Statutory instruments subject to procedure in the Scottish Parliament 36 Statutory instruments subject to procedure in the Scottish Parliament Interpretation of Part 2 37 Interpretation of Part 2 PART 3 PUBLICATION OF ACTS AND INSTRUMENTS Acts of the Scottish Parliament 38 Official prints of Acts of the Scottish Parliament 39 Publication of official prints 40 Preservation of official prints Scottish statutory instruments 41 Queen’s Printer to publish instruments 42 Publication, numbering and citation: regulations 42A Preservation of Scottish statutory instruments 43 Publication in the Gazettes 44 No duty to print Scottish statutory instruments 45 Queen’s Printer: delegation of functions Interpretation and Legislative Reform (Scotland) Bill iii Interpretation of Part 3 46 Interpretation of Part 3 PART 5 ORDERS SUBJECT TO SPECIAL PARLIAMENTARY PROCEDURE 48 Application of Part 5 49 Notice of special procedure orders 50 Orders to which objections are made 51 Orders to which no objections are made 52 Statement of objections 53 Interpretation of Part 5 PART 6 LAYING OF DOCUMENTS OTHER THAN SCOTTISH STATUTORY INSTRUMENTS 54 Laying of certain documents before the Scottish Parliament PART 7 MISCELLANEOUS AND GENERAL 56 Consequential revocation of transitional Orders 56A Orders 56B Ancillary provision 57 Short title and commencement __________ Schedule 1 —Definitions of words and expressions Schedule 2 —Scottish statutory instruments: transitional and consequential provision Schedule 3 —Modification of pre-commencement enactments Schedule 4 —Application of Part 2 to statutory instruments laid before the Parliament Interpretation and Legislative Reform (Scotland) Bill 1 Part 1—Interpretation Amendments to the Bill since the previous version are indicated by sidelining in the right margin. Wherever possible, provisions that were in the Bill as introduced retain the original numbering. Interpretation and Legislative Reform (Scotland) Bill [AS AMENDED AT STAGE 2] 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 confer power to make modifications of enactments in connection with the consolidation of the law; to make provision 5 (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. PART 1 INTERPRETATION 10 Application of Part 1 1 Application of Part 1 (1) This Part applies to— (a) Acts of the Scottish Parliament the Bills for which receive Royal Assent on or after the day on which this Part comes into force, 15 (b) Scottish instruments made on or after that day, and (c) this Act. (2) This Part does not apply in so far as— (a) the Act or instrument provides otherwise, or (b) the context of the Act or instrument otherwise requires. 20 (3) Subsection (2)(b) does not apply in relation to the application of section 20. (4) In this Part, “Scottish instrument” means an instrument of a type mentioned in subsection (4A) made under— (a) an Act of the Scottish Parliament (whenever passed), or SP Bill 27A Session 3 (2010) 2 Interpretation and Legislative Reform (Scotland) Bill Part 1—Interpretation (b) an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed). (4A) The types of instrument are— (a) an Order in Council, 5 (b) an order, (c) regulations, (d) rules (including an act of sederunt, an act of adjournal and other rules of court), (e) a scheme, (f) a warrant, 10 (g) byelaws. (5) References in this Part to an Act of the Scottish Parliament include references to a provision of an Act of the Scottish Parliament. (6) References in this Part to a Scottish instrument include references to a provision of a Scottish instrument. 15 (7) The Scottish Ministers may by order modify subsection (4A). (8) An order under this section is subject to the affirmative procedure. Commencement 2 Commencement of Acts of the Scottish Parliament (1) Subsection (2) applies where no provision is made for the coming into force of an Act of 20 the Scottish Parliament. (2) The Act comes into force at the beginning of the day after the day on which the Bill for the Act receives Royal Assent. 3 Commencement of Acts of the Scottish Parliament and Scottish instruments: time (1) Subsection (2) applies where an Act of the Scottish Parliament or a Scottish instrument 25 provides for the Act or instrument to come into force on a particular day. (2) The Act or instrument comes into force at the beginning of the day. Powers 4 Exercise of powers before commencement of Act of the Scottish Parliament (1) This section applies where an Act of the Scottish Parliament confers power to— 30 (a) make a Scottish instrument, (b) establish bodies corporate, (c) make appointments, (d) give notices or documents, (e) prescribe forms, or 35 (f) do any other thing for the purposes of the Act. Interpretation and Legislative Reform (Scotland) Bill 3 Part 1—Interpretation (2) A power mentioned in subsection (1) may be exercised during the pre-commencement period if it is necessary or expedient to do so for the purpose of bringing the Act into force or giving full effect to the Act at or after the time when the provision conferring the power comes into force. 5 (3) The pre-commencement period, in relation to a power mentioned in that subsection, is the period beginning with the day after the day on which the Bill for the Act receives Royal Assent and ending immediately before the coming into force of the provision of the Act that confers the power. (4) A power mentioned in subsection (1) may not be exercised so as to bring into force 10 subordinate legislation or anything else before the provision conferring the power comes into force. 5 Power to appoint to an office (1) If an Act of the Scottish Parliament confers power to appoint a person to an office, the power includes power— 15 (a) to determine the terms and conditions of appointment, (b) to remove or suspend a person from the office, (c) to reappoint a person to the office, (d) to reinstate a person in the office, (e) where subsection (2) applies, to appoint a person to the office in place of the last 20 holder of the office. (2) This subsection applies where— (a) the office is vacant, (b) the person holding the office is suspended from office, or (c) the person holding the office is incapacitated in a way that affects the performance 25 of the person in the office. 6 Power to revoke, amend and re-enact (1) Subsection (2) applies where an Act of the Scottish Parliament confers power (“the principal power”) to make a Scottish instrument. (2) The principal power includes power (“the ancillary power”) to revoke, amend or re- 30 enact any Scottish instrument made by virtue of the principal power (whether or not amended or re-enacted under the ancillary power). 7 Carrying out of powers and duties more than once (1) A power conferred by an Act of the Scottish Parliament or a Scottish instrument may be exercised from time to time. 35 (2) A duty imposed by an Act of the Scottish Parliament or a Scottish instrument may be performed from time to time. (3) The holder for the time being of an office— (a) may exercise a power conferred on the holder of the office by an Act of the Scottish Parliament or a Scottish instrument, 4 Interpretation and Legislative Reform (Scotland) Bill Part 1—Interpretation (b) is to perform a duty imposed on the holder of the office by an Act of the Scottish Parliament or a Scottish instrument.