- Latest available (Revised)
- Original (As enacted)
Interpretation and Legislative Reform (Scotland) Act 2010
You are here:
What Version
Advanced Features
Opening Options
More Resources
Status:
This is the original version (as it was originally enacted).
Powers
4Exercise of powers before commencement of Act of the Scottish Parliament
(1)This section applies where an Act of the Scottish Parliament confers power to—
(a)make a Scottish instrument,
(b)establish bodies corporate,
(c)make appointments,
(d)give notices or documents,
(e)prescribe forms, or
(f)do any other thing for the purposes of the Act.
(2)A power mentioned in subsection (1) may be exercised during the pre-commencement period if it is necessary or expedient to do so for the purpose of bringing the Act into force or giving full effect to the Act at or after the time when the provision conferring the power comes into force.
(3)The pre-commencement period, in relation to a power mentioned in that subsection, is the period beginning with the day after the day on which the Bill for the Act receives Royal Assent and ending immediately before the coming into force of the provision of the Act that confers the power.
(4)A power mentioned in subsection (1) may not be exercised so as to bring into force subordinate legislation or anything else before the provision conferring the power comes into force.
5Power to appoint to an office
(1)If an Act of the Scottish Parliament confers power to appoint a person to an office, the power includes power—
(a)to determine the terms and conditions of appointment,
(b)to remove or suspend a person from the office,
(c)to reappoint a person to the office,
(d)to reinstate a person in the office,
(e)where subsection (2) applies, to appoint a person to the office in place of the last holder of the office.
(2)This subsection applies where—
(a)the office is vacant,
(b)the person holding the office is suspended from office, or
(c)the person holding the office is incapacitated in a way that affects the performance of the person in the office.
6Power to revoke, amend and re-enact
(1)Subsection (2) applies where an Act of the Scottish Parliament confers power (“the principal power”) to make a Scottish instrument.
(2)The principal power includes power (“the ancillary power”) to revoke, amend or re-enact any Scottish instrument made by virtue of the principal power (whether or not amended or re-enacted under the ancillary power).
7Carrying out of powers and duties more than once
(1)A power conferred by an Act of the Scottish Parliament or a Scottish instrument may be exercised from time to time.
(2)A duty imposed by an Act of the Scottish Parliament or a Scottish instrument may be performed from time to time.
(3)The holder for the time being of an office—
(a)may exercise a power conferred on the holder of the office by an Act of the Scottish Parliament or a Scottish instrument,
(b)is to perform a duty imposed on the holder of the office by an Act of the Scottish Parliament or a Scottish instrument.
8Additional powers on commencement by order
(1)Subsection (2) applies where an Act of the Scottish Parliament confers power on the Scottish Ministers to bring the Act into force on a day appointed by them by order.
(2)The power may be exercised so as to appoint different days for different purposes.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Cross Heading only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.