Commencement of Parts 2, 4, 5 and Section 55(3) and Related Instruments to be made under the Interpretation and Legislative Reform (Scotland) Act 2010: Consultation Paper

Consultation Document for Orders proposed to be made under the ILR Act 2010.

Chapter 5
Other consequential provision

59. Work on the implementation of the Act has resulted in consideration being given to how the new framework impacts upon statutory provision in two other Acts, specifically the Interests of Members of the Scottish Parliament Act 2006 and the Scottish Parliamentary Pensions Act 2009.

60. The subject matter of those two Acts are matters for Parliament and, in recognition of that, certain powers to modify the terms of those statutory frameworks are made by resolution of the Parliament. The statutes require that specific articles of the SI Transitional Order shall be applied to a copy of such a resolution as if it were an SSI. The purpose of that requirement was to ensure that any modification to the law would still be publicised in the public domain despite the change not being delivered via an SSI.

61. The Government will work in partnership with the Parliament to develop consequential provision to ensure that statutory references reflect the commencement of Part 2 of the Act. At present it is envisaged that such provision would likely be incorporated within the draft Order that is proposed to be made under section 57(2). We would expect the Order to identify the equivalent provisions in the new framework that would deliver the same policy intention.

Question 35: Can respondents think of any other statutory frameworks that would require similar action to be taken?

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