The Act - Background Overview Section 4 - Exercise of powers before commencement of Act of the Scottish Parliament
22.This section enables certain powers conferred by a provision of an ASP to be exercised during the “pre-commencement period” if it is necessary or expedient to do so. Subsection (3) defines the “pre-commencement period” as the period beginning the day after the day on which the Bill for the ASP receives Royal Assent and ending immediately before the enabling provision comes into force. Examples of when this power could be exercised include making a Scottish instrument, establishing bodies corporate, making appointments, giving notice or documents or prescribing forms.
23.The new provision is similar to the existing provision in paragraph 10 of Schedule 1 to the Interpretation Order, but the wording in that paragraph is not very clear in terms of when the powers can be exercised and when they can have effect. The new provision makes it clear that the powers can be exercised in the pre-commencement period only but any subordinate legislation or anything else cannot have effect before the provision conferring the power comes into force.