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Scots law
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This article is part of the series:
Law of Scotland

A Scottish Statutory Instrument (SSI) is a form of secondary legislation in Scotland which is made under Scots law by Scottish Ministers and other Scottish authorities such as the Court of Session, through Acts of Sederunt[1], or the High Court of Justiciary, through Acts of Adjournal[2]. SSIs were created by the Scotland Act 1998 and are used to exercise devolved powers.[3]

Originally secondary legislation on Scottish matters was made in the UK Statutory Instrument series and the fact that the legislation applied to Scotland was denoted by a subseries of the UK series. When devolution occurred most of these functions were transferred to Scottish institutions and the SSI series was created.[4] However there are still some matters which impact on Scotland that are reserved matters within the meaning of the Scotland Act; those powers are exercised by the UK ministers through the UK SI series.[5]

Before devolution there were typically around 200 SIs a year in the Scotland subseries in the main UK series and now there are between 10 and 20 a year. There are typically around 500 or 600 SSIs made in a year.

References

  1. ^ Part I Constitution and Administration of the Court: "Court of Session Act 1988". Acts of the United Kingdom Parliament (Office of Public Sector Information) 1988 (36). 1988. http://www.opsi.gov.uk/acts/acts1988/ukpga_19880036_en_2#pt2-l1g8. Retrieved 2007-11-22.  
  2. ^ Acts of Adjournal: "Section 305, Criminal Proceedings (Scotland) Act 1995". Acts of the United Kingdom Parliament (Office of Public Sector Information) 1995 (46). 1995. http://www.opsi.gov.uk/ACTS/acts1995/ukpga_19950046_en_23#pt14-l1g305. Retrieved 2007-11-22.  
  3. ^ Sections 112 to 116 - Subordinate Legislation: "Scotland Act 1998". UK Statute Law Database. http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Scotland+Act&Year=1998&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2044365&ActiveTextDocId=2044507&filesize=16029. Retrieved 2007-11-26.  
  4. ^ The enabling legislation was Statutory Instrument 1999 No. 1096 The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (Coming into force 2009-07-01)
  5. ^ Schedule 5 - Reserved Matters: "Scotland Act 1998". UK Statute Law Database. http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Scotland+Act&Year=1998&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2044365&ActiveTextDocId=2044609&filesize=1800. Retrieved 2007-11-26.  

See also

External links

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