Explanatory Notes

Interpretation and Legislative Reform (Scotland) Act 2010

2010 asp 10

3 June 2010

The Act - Background

Part 1: Interpretation

Section 14 - References to other legislative provisions

34.This section is based on paragraph 15(2) of Schedule 1 to the Interpretation Order. There is at present some doubt as to whether when an Act refers to an enactment, the reference is to that enactment as amended by subsequent enactments up to the date of the reference in the ASP or instrument or whether it also includes a reference to that enactment as amended by enactments after the date of the reference. This section resolves this issue and states that when an Act refers to an enactment, the reference is ambulatory, i.e. that it includes a reference to that enactment as amended by enactments after the date of the reference.

35.The expression “enactment” is defined in schedule 1 to mean a Westminster Act, an instrument made under it, an ASP, a Scottish instrument, and a provision of any such Act or instrument.