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Articles 6(1) and 7(1)
1. Every Act of the Scottish Parliament and every section of such an Act takes effect as a substantive enactment without introductory words.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Articles 6(2) and 7(1)
“Act” means, as the context requires, an Act of Parliament or an Act of the Scottish Parliament;
“Commencement”, in relation to an enactment, means the time when the enactment comes into force;
“The Communities”, “the Treaties” or “the Community Treaties” and other expressions defined by section 1 of, and Schedule 1 to, the European Communities Act 1972((2) have the meanings prescribed by that Act;
“Comptroller and Auditor General” means the Comptroller-General of the receipt and issue of Her Majesty’s Exchequer and Auditor-General of Public Accounts appointed in pursuance of the Exchequer and Audit Departments Act 1866((3)
“Crown Estate Commissioners” means the Commissioners referred to in section 1 of the Crown Estate Act 1961((4)
“Court of summary jurisdiction” means a court of summary criminal jurisdiction and includes the sheriff court and district court;
“Devolution issue” has the same meaning as it has in Schedule 6 to the Scotland Act 1998((5)
“England” means, subject to any alteration of boundaries under Part IV of the Local Government Act 1972((6) the area consisting of the counties established by section 1 of that Act, Greater London and the Isles of Scilly;
“Government department” means a department of the United Kingdom Government;
“High Court” means the High Court of Justiciary;
“Land” includes building and other structures, land covered with water, and any right or interest in or over land;
“Lands Clauses Acts” means the Lands Clauses Consolidation (Scotland) Act 1845((7) and the Lands Clauses Consolidation Acts Amendment Act 1860((8), and any Acts for the time being in force amending those Acts;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975((9);
“Month” means calendar month;
“Oath” and “affidavit” include affirmation and declaration, and “swear” includes affirm and declare;
“Ordnance map” means a map made under powers conferred by the Ordnance Survey Act 1841((10);
“Person” includes a body of persons corporate or unincorporate;
“Police area”, “police authority” and other expressions relating to the police have the meaning or effect described by sections 50 and 51(4) of the Police (Scotland) Act 1967((11);
“The Privy Council” means the Lords and others of Her Majesty’s Most Honourable Privy Council;
“Registered”, in relation to nurses, midwives and health visitors, means registered in the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting by virtue of qualifications in nursing, midwifery or health visiting, as the case may be;
“Registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983((12);
“Rules of court” in relation to any court means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court, and includes Acts of Adjournal and Acts of Sederunt; and the power of the authority to make rules of court (as above defined) includes power to make such rules for the purpose of any Act which directs or authorises anything to be done by rules of court;
“Scottish parliamentary election” means an election for membership of the Scottish Parliament and “Scottish parliamentary general election” shall be construed accordingly;
“Secretary of State” means one of Her Majesty’s Principal Secretaries of State;
“Sheriff” includes sheriff principal;
“Standard scale”, with reference to a fine or penalty for an offence triable only summarily, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995((13);
“Statutory declaration” means a declaration made by virtue of the Statutory Declarations Act 1835((14);
“Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence, means the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995;
“The Treasury” means the Commissioners of Her Majesty’s Treasury;
“United Kingdom” means Great Britain and Northern Ireland;
“Wales” means the combined area of the counties which were created by section 20 of the Local Government Act 1972((15), as originally enacted, but subject to any alteration made under section 73 of that Act (consequential alteration of boundary following alteration of watercourse);
“Writing” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form, and expressions referring to writing are construed accordingly.
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