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

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Explanatory Note

(This note is not part of the Order)

This Order makes transitory and transitional provisions in relation to the numbering, citation and interpretation of Acts of the Scottish Parliament and subordinate legislation made under such Acts (“Scottish subordinate legislation”) and other documents.

Article 3 makes provisions for the publication of Acts of the Scottish Parliament by or under the authority of the Queen’s Printer for Scotland.

Article 4 makes provisions as to how Acts of the Scottish Parliament are to be numbered. They are to be numbered by reference to the year in which the Bills for the Acts received the Royal Assent and in the order in which they did so.

Article 5 makes provision as to how Acts of Scottish Parliament may be cited. They may be cited by reference to their short title or by their year followed by the letters “asp” and number. The latter citation is to be read as referring to the Acts of the Scottish Parliament printed by or under the authority of the Queen’s Printer for Scotland. Article 5(4) also makes provision as to when Acts of the Scottish Parliament cite an Act of Parliament, or of the Parliaments of Scotland up to and including 1707.

Article 6 provides that Schedule 1 should apply for the purposes of the interpretation and operation of an Act of the Scottish Parliament. Schedule 1 makes similar provision as the Interpretation Act 1978 (c. 30) makes in relation to interpretation and operation of Acts of Parliament, so far as applicable.

Article 6 also makes provision as to how certain words and expressions used in an Act of the Scottish Parliament are to be construed, unless the contrary intention appears. Words and expressions listed in Schedule 2 to the Order are to be construed in accordance with that Schedule and, subject to that, words and expressions listed in section 127 of the Scotland Act 1998 (c. 46) are to have the same meaning as they have for the purposes of that Act.

Article 7 applies certain provisions of the Order, so far as applicable, to any Scottish subordinate legislation. Article 5(3), which provides for the citation of an Act of the Scottish Parliament, is also applied for the purposes of any deed, instrument or other document.

Article 8 provides that the Order, unless previously revoked by the Secretary of State, should 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.

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