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The Interpretation and Legislative Reform (Scotland) Act 2010 (Commencement) Order 2011

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Scottish Statutory Instruments

2011 No. 4 (C. 1)

Constitutional Law

The Interpretation and Legislative Reform (Scotland) Act 2010 (Commencement) Order 2011

Made

12th January 2011

Coming into force

26th January 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 58(3) of the Interpretation and Legislative Reform (Scotland) Act 2010(1).

Citation, commencement and interpretation

1.  This Order may be cited as the Interpretation and Legislative Reform (Scotland) Act 2010 (Commencement) Order 2011 and comes into force on 26th January 2011.

2.  In this Order “the Act” means the Interpretation and Legislative Reform (Scotland) Act 2010.

Commencement of the Act

3.  Subject to article 4, 6th April 2011 is the day appointed for the following provisions of the Act to come into force:—

(a)Part 2 and the associated schedules 2, 3 and 4 (which make provision about the scrutiny of subordinate legislation by the Scottish Parliament);

(b)Part 4 (which makes provision about orders subject to special parliamentary procedure);

(c)Part 5 (which makes provision about the laying of certain documents before the Scottish Parliament); and

(d)section 55(3) (which revokes articles 1 to 3 and 4(6) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999(2).

4.  26th January 2011 is the day appointed for the following provisions of the Act to come into force, but in relation to subordinate legislation made under the Act only:—

(a)section 27(1), (2)(a) and (3);

(b)sections 28 to 32; and

(c)section 37.

BRUCE CRAWFORD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th January 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings the Interpretation and Legislative Reform (Scotland) Act 2010 (“the Act”) fully into force on 6th April 2011. It also brings certain provisions of the Act into force earlier on 26th January 2011, but only in relation to subordinate legislation made under the Act.

The provisions of the Act brought into force for that limited purpose on 26th January 2011 are—

(a)section 27 and the associated schedule 2, so that the Act’s definition of “Scottish statutory instrument” will include subordinate legislation made under the Act on or after 26th January 2011;

(b)sections 28 to 32, so that the parliamentary scrutiny procedures described by those sections will apply to such subordinate legislation; and

(c)section 37 of the Act, so that that section’s definition of what it means to lay a Scottish statutory instrument before the Scottish Parliament will apply to such subordinate legislation.

The Act received Royal Assent on 3rd June 2010. Part 1, Part 3 and, apart from section 55(3), Part 6 of the Act came into force the following day.

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