Global InformationScottish statutory instrument information
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A Scottish statutory instrument (SSI; Scottish Gaelic: Ionnsramaid Reachdail na h-Alba) is subordinate legislation made by the Scottish Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Scottish statutory instrument. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the King-in-Council.[1]: [s. 27]
The Interpretation and Legislative Reform (Scotland) Act 2010 defines what a Scottish statutory instrument is.[1]: [Pt. 2] Before this Act, SSIs were governed by the Statutory Instruments Act 1946, which continues to govern UK statutory instruments.[2][3][1]: [s. 55]
SSIs, and the power to enable the creation of subordinate legislation in general, are not mentioned in the original text of the Scotland Act 1998, which devolved powers to the Scottish Parliament. Rather, this power is implied by the statement that Acts of the Scottish Parliament are law to the extent that they are not "outside the legislative competence of the Parliament," without any subsequent reservation of the power to make subordinate legislation.[4]: (s. 28–29)
Before Scottish devolution, subordinate legislation applying only to Scotland was published as a subseries of the larger UK statutory instrument (SI) series. This subseries is now used for SIs which deal with reserved matters in relation to Scotland.[5]: 12
- ^ a b c Scottish Government (2010). Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). National Archives. Archived from the original on 18 October 2016.
- ^ HM Government (1946). Statutory Instruments Act 1946 (c. 36, 9-10 Geo. 6). National Archives. Archived from the original on 16 February 2016.
- ^ HM Government (1999). The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096). National Archives. Archived from the original on 29 October 2016.
- ^ HM Government (1998). Scotland Act 1998 (c. 46). National Archives. ISBN 0-10-544698-X. Archived from the original on 18 October 2016.
- ^ Her Majesty's Stationery Office (2006). Statutory Instrument Practice: A manual for those concerned with the preparation of statutory instruments and the parliamentary procedures related to them. Office of Public Sector Information.