Explanatory Notes

Interpretation and Legislative Reform (Scotland) Act 2010

2010 asp 10

3 June 2010

The Act - Background

Part 6:  Miscellaneous and General

Section 55 -  Consequential revocation of transitional orders

106.Section 55 makes provision for the revocation of the transitional orders.

Section 56 -  Orders

107.Section 56 provides that a power to make an order under any of the Act’s provisions (other than section 28) includes the power to make such transitional, transitory or savings provision as the Scottish Ministers consider necessary or expedient.

Section 57 -  Ancillary provision

108.Section 57(1) confers on the Scottish Ministers power to make, by order, such supplementary, incidental, or consequential provision as they consider appropriate for the purpose of, in consequence of, or for giving full effect to the provisions of the Act. Subsection (3) provides that such an order may modify any enactment. Subsection (4) provides that any order made under subsection (1) is to be subject to the affirmative procedure.

109.Section 57(2) confers on the Scottish Ministers power to make, by order, such transitional, transitory, or savings provision as they consider necessary or expedient in connection with the coming into force of the Act’s provisions. Subsection (3) provides that such an order may modify any enactment. Subsection (5) provides that any order made under subsection (2) is to be subject to the negative procedure.

Section 58 -  Short title and Commencement

110.Section 58 makes provision for the short title of the Act. It provides that the Act comes into force on the day after the date on which it receives Royal Assent except for Parts 2 (Scottish Statutory Instruments), Part 4 (Special Parliamentary Procedure), Part 5 (Laying of Documents other than SSIs) and section 55(3) (revocation of the SI Order). These provisions are to be brought into force on a day or days appointed by Scottish Ministers.