117.This section provides that the Act will expire at the end of the period of 15 years that begins on the day on which the section comes into force. The Scottish Ministers, however, may extend that period by regulations which are subject to the affirmative procedure. In laying a draft Scottish statutory instrument to extend the Act’s operation, the Ministers must provide Parliament with a statement of their reasons why it is necessary to do so.
118.Regulations may be made under this section to modify any Act – notably to modify the expiry provision before it operates. If no regulation is made that extends the operation of the Act by modifying the text of section 53(1) before the expiry day, the Act is considered a temporary act of the Scottish Parliament as that phrase is used in section 18 of the Interpretation and Legislative Reform (Scotland) Act 2010, and sections 15 to 17 of that Act apply in consequence as if this Act were repealed by an Act of the Scottish Parliament. This means that expiry of this Act would not affect any liabilities or rights of individual taxpayers existing before expiry.
Commentary on Provisions Part 6 – Final provisions Section 53: Expiry