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

Articles 6(1) and 7(1)

SCHEDULE 1STATUTORY INTERPRETATION AND OPERATION

Words of enactment

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

Time of commencement

2.  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.

Gender and number

3.  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.

References to service by post

4.  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.

References to distance

5.  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.

References to time of day

6.  Subject to section 3 of the Summer Time Act 1972((1) (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.

References to the Sovereign

7.  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.

Construction of subordinate legislation

8.  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.

Continuity of powers and duties

9.—(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.

Anticipatory exercise of powers

10.  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.

Implied power to amend

11.  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.

Repeal of repeal

12.  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.

General savings

13.—(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.

Repeal and re-enactment

14.—(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.

References to other enactments

15.—(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.