The Act - Background Overview
6.Part 1 of the Act contains the provisions which are to apply in relation to the interpretation and operation of future Acts of the Scottish Parliament (“ASPs”) and instruments made under them.
7.The provisions in Part 1 of the Act govern the interpretation and operation of ASPs which receive Royal Assent on or after 4 June 2010 (the day on which Part 1 came into force) and instruments made on or after that date.
8.Since power was devolved to the Scottish Parliament in 1999, ASPs and instruments made under them have been subject to the interpretation provisions in the Interpretation Order and that will remain the case for all such legislation enacted or made before 4 June 2010.
9.Acts of Parliament and instruments made under them are subject to the interpretation provisions set out in the Interpretation Act 1978 (“the 1978 Act”). The only change that the Act makes in that respect is that instruments of the types listed in section 1(5) which are made jointly under an Act of Parliament and an ASP will be subject to the Act. Again, this applies only in relation to instruments made on or after 4 June 2010.
10.For the avoidance of doubt, where legislation is amended the amendments are interpreted in accordance with the interpretation provisions applicable to the legislation being amended – and not the legislation making the amendments. For instance, if an ASP is enacted on or after 4 June 2010 then its interpretation will be governed by the Act. But if that ASP inserts a new section into an Act of Parliament, then the interpretation of that new section will be governed by the 1978 Act.