Search Legislation

Interpretation and Legislative Reform (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 4

 Help about opening options

Alternative versions:

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Interpretation and Legislative Reform (Scotland) Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Interpretation and Legislative Reform (Scotland) Act 2010

Commencement Orders bringing provisions within this Act into force:

Part 4 SOrders subject to special parliamentary procedure

48Application of Part 4S

(1)This Part applies in relation to an order which—

(a)the Scottish Ministers have power to make, confirm or approve, and

(b)is, by virtue of an enactment, subject to special parliamentary procedure.

(2)Such an order is referred to in this Part as a “special procedure order”.

(3)For the purposes of paragraph (b) of section 94(2) of the Scotland Act 1998 (c. 46), this Part is to be taken to provide the special procedure referred to in that paragraph.

(4)In subsection (1), “order” includes scheme, certificate or byelaw.

Commencement Information

I1S. 48 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)

49Notice of special procedure ordersS

(1)Before a special procedure order is made, confirmed or approved by the Scottish Ministers—

(a)the requirements of the empowering enactment with respect to the service of notices must be complied with, and

(b)notice in accordance with subsection (2) must be given by advertisement—

(i)in the Edinburgh Gazette, and

(ii)in the case of a special procedure order relating to a particular area, in at least one newspaper circulating in that area.

(2)That notice is—

(a)in the case of a special procedure order to be made by the Scottish Ministers on the application of any person, notice by the applicant of the purport of the application,

(b)in the case of a special procedure order to be confirmed or approved by the Scottish Ministers on the application of any person, notice by the applicant of the order as submitted for confirmation or approval (as the case may be),

(c)in the case of a special procedure order to be made by the Scottish Ministers otherwise than on the application of any person, notice by the Scottish Ministers of the order as proposed to be made.

(3)The notice must specify the time by which and the manner in which objections may be made to the application or, as the case may be, to the proposed order.

(4)For the purposes of this section, notice of a special procedure order is sufficient if it—

(a)sets out the purport of the order, and

(b)specifies a place where copies can be obtained free of charge at all reasonable hours.

Commencement Information

I2S. 49 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)

50Orders to which objections are madeS

(1)This section applies where, in relation to a special procedure order—

(a)a relevant objection is made, and

(b)the objection is not withdrawn.

(2)The order may not take effect unless it is confirmed, whether with or without amendments, by an Act of the Scottish Parliament.

(3)In subsection (1) and section 51(1), a “relevant objection” is an objection which—

(a)if made in pursuance of a notice under section 49(1)(b), is made in accordance with the requirements of the notice,

(b)if made in pursuance of the empowering enactment, is made in accordance with the provisions of the enactment, and

(c)is not disregarded under subsection (4).

(4)An objection may be disregarded if—

(a)it is, in the opinion of the Scottish Ministers, frivolous or vexatious, or

(b)it relates to a matter that can be dealt with by an arbiter by whom compensation may be assessed.

(5)The Bill for an Act to confirm the order—

(a)may be introduced—

(i)by a member of the Scottish Executive, or

(ii)in the case of an order which is to be made, confirmed or approved by the Scottish Ministers on the application of any person, by the applicant,

(b)must set out the order, and

(c)in the absence of any special provision in standing orders of the Parliament concerning the procedure for such a Bill, is to be treated after introduction as a Private Bill for the purposes of those standing orders.

Commencement Information

I3S. 50 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)

51Orders to which no objections are madeS

(1)This section applies where, in relation to a special procedure order—

(a)no relevant objection is made, or

(b)a relevant objection is made and subsequently withdrawn.

(2)The Scottish Ministers may, after the order is made, confirmed or approved, lay the order before the Scottish Parliament.

(3)If, before the expiry of the period of 40 days beginning with the day on which a copy of the order is laid before it, the Scottish Parliament resolves that the order be annulled, the order becomes void and no further proceedings may be taken in respect of it.

(4)If no resolution is made, the order comes into operation—

(a)on the day on which the period of 40 days mentioned in subsection (3) expires, or

(b)on such later day as may be specified in the order.

(5)Subsection (3) is without prejudice to the laying before the Parliament of a new special procedure order.

(6)In calculating the period of 40 days mentioned in subsection (3), no account is to be taken of any time during which the Parliament is dissolved or in recess for more than 4 days.

Commencement Information

I4S. 51 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)

52Statement of objectionsS

(1)Subsection (2) applies where—

(a)a Bill for an Act of the Scottish Parliament to confirm a special procedure order is introduced in the Scottish Parliament, or

(b)a special procedure order is laid before the Scottish Parliament.

(2)The Scottish Ministers must, at the same time as the Bill is introduced or, as the case may be, the order is laid, lay before the Parliament a statement specifying—

(a)any objections which were not withdrawn, and

(b)any objections which were disregarded under section 50(4).

Commencement Information

I5S. 52 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)

53Interpretation of Part 4S

In this Part, “empowering enactment”, in relation to a special procedure order, includes any enactment other than this Act which has the effect of requiring the service of notices in connection with the order.

Commencement Information

I6S. 53 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

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