The Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999

• Citation: S.I. 1999/1379
• Sections: 23

Section 1 Citation and commencement

This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 and shall come into force on the principal appointed day(

Section 2 Interpretation

(1) In this Order, unless otherwise expressly provided–

“enactment” has the same meaning as in section 126(1) of the Scotland Act 1998, except that, in paragraphs 12 to 14 of Schedule 1, it means an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

“the Parliament” means the Scottish Parliament;

“Scottish subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made under an Act of the Scottish Parliament.

(2) Unless otherwise expressly provided, any reference in this Order to a numbered article or Schedule is to an article or Schedule bearing that number in this Order and any reference in an article of, or a Schedule to, this Order to a numbered paragraph is to a paragraph bearing that number in that article or Schedule, as the case may be.

Section 3 Publication

(1) As soon as possible after the Clerk of the Parliament has written on an Act of the Scottish Parliament the date of Royal Assent in accordance with section 28(4) of the Scotland Act 1998, the Clerk shall number it in accordance with article 4 and shall write that number on the Act .

(2) The print of the Act on which that date and number are written shall be known as the official print of the Act.

(3) The Clerk shall make a copy of the official print of the Act which he shall certify as a true copy. The Clerk shall send that copy to the Queen’s Printer for Scotland who–

(a) shall, as soon as possible after receiving it, cause copies of it to be printed and sold by or under her authority; and

(b) may make other arrangements for its publication.

(4) The Clerk shall send the official print of the Act to the Keeper of the Records of Scotland.

Section 4 Numbering

(1) An Act of the Scottish Parliament shall be numbered in accordance with the following paragraphs.

(2) It shall be allocated to the series of the calendar year in which the Bill for the Act receives Royal Assent.

(3) Acts in each series shall be numbered consecutively by reference to the dates on which the Bills for the Acts receive Royal Assent and, where two or more Bills receive Royal Assent on the same day, the Acts shall be numbered consecutively by reference to–

(a) the order in which the Letters Patent relating to each Bill are recorded in the Register of the Great Seal; and

(b) if any of those Letters Patent relate to more than one Bill, the order in which those Bills are referred to in those Letters Patent.

Section 5 Citation

(1) An Act of the Scottish Parliament may be cited by reference to the short title authorised by the Act and may continue to be so cited even if the Act is repealed.

(2) An Act of the Scottish Parliament may also be cited by the calendar year in which the Bill for the Act received Royal Assent followed by the letters “asp” and its number (for example “ 1999 asp 1 ”).

(3) Where an enactment cites an Act of the Scottish Parliament in accordance with paragraph (2), or a section or other portion of an Act of the Scottish Parliament by number or letter, the reference shall, unless the contrary intention appears, be read as referring to the Acts of the Scottish Parliament printed by or under the authority of the Queen’s Printer for Scotland.

(4) Where an Act of the Scottish Parliament cites an Act of Parliament, or an Act of the Parliaments of Scotland up to and including 1707, by year, statute, session or chapter, or a section or other portion of such an Act by number or letter, the reference shall, unless the contrary intention appears, be read as referring–

(a) in the case of such Acts included in any revised edition of the statutes printed by authority, to that edition;

(b) in the case of such Acts not so included but included in the edition prepared under the direction of the Record Commission, to that edition;

(c) in any other case, to the Acts printed by the Queen’s Printer, or under the superintendence or authority of Her Majesty’s Stationery Office.

Section 6 Statutory interpretation etc.

(1) Schedule 1 shall apply for the purposes of the interpretation and operation of Acts of the Scottish Parliament.

(2) Words and expressions used in an Act of the Scottish Parliament which are also listed in Schedule 2 are, unless the contrary intention appears, to be construed in accordance with that Schedule.

(3) Subject to paragraph (2), words and expressions used in an Act of the Scottish Parliament which are listed in section 127 of the Scotland Act 1998, shall, unless the contrary intention appears, have the same meanings as they have in that Act.

Section 7 Application to other instruments

(1) Articles 5(3) and (4) and 6 and Schedules 1 and 2 shall apply, so far as applicable and unless the contrary intention appears, to Scottish subordinate legislation as they apply to Acts of the Scottish Parliament, subject to any necessary modification.

(2) Article 5(3) shall apply to a deed, document or other instrument as it applies to an enactment.

Section 8 Duration of the Order

This Order, unless previously revoked by the Secretary of State, shall cease to have effect on the day appointed by or under an Act of the Scottish Parliament and different days may be appointed for different purposes.

Section 1 Words of enactment

Every Act of the Scottish Parliament and every section of such an Act takes effect as a substantive enactment without introductory words.

Section 2 Time of commencement

An Act of the Scottish Parliament or provision of such an Act comes into force–

(a) where provision is made for it to come into force on a particular day, at the beginning of that day;

(b) where no provision is made for its coming into force, when the Bill for the Act receives Royal Assent.

Section 3 Gender and number

In an Act of the Scottish Parliament, unless the contrary intention appears,–

(a) words importing the masculine gender include the feminine;

(b) words importing the feminine gender include the masculine; and

(c) words in the singular include the plural and words in the plural include the singular.

Section 4 References to service by post

Where an Act of the Scottish Parliament authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Section 5 References to distance

In the measurement of any distance for the purposes of an Act of the Scottish Parliament, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane.

Section 6 References to time of day

Subject to section 3 of the Summer Time Act 1972( (construction of references to points of time during the period of summer time), whenever an expression of time occurs in an Act of the Scottish Parliament, the time referred to shall, unless it is otherwise specifically stated, be held to be Greenwich mean time.

Section 7 References to the Sovereign

In an Act of the Scottish Parliament a reference to the Sovereign reigning at the time of the passing of the Act is to be construed, unless the contrary intention appears, as a reference to the Sovereign for the time being.

Section 8 Construction of subordinate legislation

Where an Act of the Scottish Parliament confers power to make subordinate legislation, expressions used in that legislation have, unless the contrary intention appears, the meaning which they have in the Act.

Section 9 Continuity of powers and duties

(1) Where an Act of the Scottish Parliament confers a power or imposes a duty it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, from time to time as occasion requires.

(2) Where an Act of the Scottish Parliament confers a power or imposes a duty on the holder of an office as such, it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, by the holder for the time being of the office.

Section 10 Anticipatory exercise of powers

Where an Act of the Scottish Parliament which (or any provision of which) does not come into force immediately upon Royal Assent confers power to make subordinate legislation, or to make appointments, give notices, prescribe forms or do any other thing for the purposes of the Act, then, unless the contrary intention appears, the power may be exercised, and any instrument made thereunder may be made so as to come into force, at any time after the Bill for the Act receives Royal Assent so far as may be necessary or expedient for the purpose–

(a) of bringing the Act or any provision of the Act into force; or

(b) of giving full effect to the Act or any such provision at or after the time when it comes into force.

Section 11 Implied power to amend

Where an Act of the Scottish Parliament confers power to make–

(a) rules, regulations or byelaws; or

(b) Orders in Council, orders or other subordinate legislation to be made by statutory instrument,

it implies, unless the contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or re-enact any instrument made under the power.

Section 12 Repeal of repeal

Where an Act of the Scottish Parliament repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it.

Section 13 General savings

(1) Without prejudice to paragraph 12, where an Act of the Scottish Parliament repeals an enactment, the repeal does not, unless the contrary intention appears,–

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of the enactment repealed or anything duly done or suffered under that enactment;

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under that enactment;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against that enactment;

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act of the Scottish Parliament had not been passed.

(2) This paragraph applies to the expiry of a temporary enactment as if it were repealed by an Act of the Scottish Parliament.

Section 14 Repeal and re-enactment

(1) Where an Act of the Scottish Parliament repeals a previous enactment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into force.

(2) Where an Act of the Scottish Parliament repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears,–

(a) any reference in any other enactment or other instrument or document to the enactment so repealed shall be construed as a reference to the provision re-enacted;

(b) in so far as any Scottish subordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision.

Section 15 References to other enactments

(1) Where an Act of the Scottish Parliament describes or cites a portion of an enactment by referring to words, sections or other parts from or to which (or from and to which) the portion extends, the portion described or cited includes the words, sections or other parts referred to unless the contrary intention appears.

(2) Where an Act of the Scottish Parliament refers to an enactment, the reference, unless the contrary intention appears, is a reference to that enactment as amended and includes a reference thereto as extended or applied by or under any other enactment, including any other provision of that Act.