The Statutes & Statutory Instruments of Scotland group file (SCOLEG file) combines the Butterworths Scottish Statutes and Butterworths Scottish Statutory Instruments files, and allows users to search across all legislation made by the Scottish Parliament.
The new Scottish Parliament was established on 1 July 1999 and is authorised to
make both primary and secondary legislation. The primary legislation is referred
to as Acts of the Scottish Parliament (ASPs); the secondary legislation is
referred to as Scottish Statutory Instruments (SSIs).
The file contains the full, amended text of all public general ASPs and SSIs
that are currently in force. Legislation that has been recently enacted but is
not yet in force is also included. Public general ASPs and SSIs that are no
longer in force do not appear in full text but a note explains why the enactment
no longer applies.
Amendments made by new legislation are incorporated into the text of existing
legislation. An ellipsis ( . . . ) indicates that text has been
repealed/revoked. Square brackets denote text that has been inserted or
substituted. Italicised text is prospectively repealed or substituted. The NOTES
segment at the end of each document indicates the changes that have been made to
Initial Commencement Notes
There are 3 types of Initial Commencement note - Royal Assent, Specified Date
and To Be Appointed:
- a provision will come into force on Royal Assent (or Date Made in the case of
SIs) where there is no specific provision made for the commencement of that
- a Specified Date note is written where specific provision is made for the
commencement of a provision on a particular date.
- a To Be Appointed note is written where the provision in question is to come
into force on a date to be appointed.
eg Sub-s (1): Royal Assent: 1 January 1999: see the Health Act 1999, s 84(2).
Sub-s (2): Specified Date: 1 March 1999: see the Health Act 1999, s 84(3).
Sub-s (3): To be appointed: see the Health Act 1999, s 84(4).
Appointment notes detail the subsequent commencement of a provision (or part
thereof) by Commencement Order.
eg Sub-s (3): Appointment: 1 May 1999: see SI 1999/1347, art 2.
A change to statutory text will be treated as an amendment if the change has
effect for all purposes for which the text applies. Wherever text has been
amended, a note will have been written explaining the alteration that has been
made to the text.
The authority for an amendment is cited in the note. The date on which the
amendment came into force will also have been noted.
eg Sub-s (1): words "xyz" in square brackets substituted by the Health Act
1999, s 23(1).
Date in force: 1 June 1999: see the Health Act 1999, s 84(2).
A change to statutory text will be treated as a modification if the change has
effect for only some of the purposes for which the text applies (eg if the text
applies to cats and dogs and is altered in so far as it applies to cats only,
that change will be treated as a modification rather than an amendment, as the
original text continues to apply in unamended form to dogs). Modifications are
not incorporated into the text of the affected provision, but will be noted in
the annotations to that provision instead.
A modification note may also be written to draw the user's attention to
"non-textual" alterations to a provision (eg if provision is made for a
reference to X in another enactment to be construed as including a reference to
Y). In this situation there is no specific instruction to alter the text and it
is often the case that the text could not be altered sensibly.
eg Modified, in relation to ............, by the Civil Courts (Modification of
Procedure) (No 2) Order 1999, SI 1999/3173, art 1(a).
See Further Notes
See Further notes alert the user to provisions of other enactments of which they
may need to be aware.
eg See further, in relation to the disapplication of this section in relation to
"special parking areas": the Road Traffic Act 1991, s 76.
Transfer of Function Notes
A Transfer of Functions note will be written when, as a consequence of the
reorganisation of Government departments, certain functions, rights or duties
are transferred from one Minister to another.
eg The functions of the Secretary of State for Employment, referred to in sub-s
(2), are transferred, insofar as they relate to small businesses, to the
Secretary of State for Trade and Industry by the Transfer of Functions (Trade
and Industry) Order 1992, SI 1992/1001, art 6(4).
Subordinate Legislation Notes
Subordinate Legislation notes have been added since the beginning of 1999 and
note any exercise of the power to make subordinate legislation conferred by a
eg Civil Courts (Modification of Procedure) (No 2) Order 1999, SI 1999/3173
(made under sub-s (1)).
Derivation notes are written on provisions of consolidating Acts of Parliament,
to indicate from which earlier enactments the provision in question is derived.
eg Sub-ss (1), (4), (5) derived from the Water Act 1989, ss 36(2), 32(3), 38(1),
respectively; sub-ss (2), (3) derived from the Water Act 1989, s 37(4); sub-s
(6) derived from the Water Act 1989, s 32(4) and gives effect to Law Commission
Recommendation No 29, Cmnd 1483.
Appointed Day Notes
Appointed Day notes detail the appointment of a date for specified purposes.
eg Appointed day, for the purposes of sub-s (3): 30 November 1991: see SI 1991
No 1742, art 3.
A Miscellaneous note will be written to alert the user to some other information
that may be relevant but which does not fall within one of the other categories
eg Amount specified under sub-s (1) above, for the purposes of Northern Ireland
, is £3,000: see the Unfair Arbitration Agreements (Specified Amount) Order
(Northern Ireland) 1996, SR 1996 No 598.