Explanatory Notes
2023 asp 5
9 August 2023
Crown Application
5.Section 20 of the Interpretation and Legislative Reform (Scotland) Act 2010 (“ILRA”) provides that the Crown will be bound by an Act of the Scottish Parliament or Scottish statutory instrument unless the provision expressly exempts it. As such, technically this Act applies to the Crown in the same way as it applies to everyone else. However, the substantive provisions of the Act are almost exclusively inserted into the 2005 Act. The 2005 Act, as it predated ILRA, did not bind the Crown when enacted, and so the amendments of it made by the Act also do not bind the Crown.