Scottish statutory instrument | Wikipedia Easy Search

Scots law
Part of a series on

Administration Justice and Communities Directorate of the Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Judicial Complaints Reviewer Parole Board for Scotland Legal Aid Board Courts & Tribunals Service College of Justice Office of the Public Guardian Scottish Sentencing Council Law Commission Criminal Cases Review Commission Prison Service
Civil courts Court of Session Lord President Lord Justice Clerk Lord of Session Office of the Accountant of Court Acts of Sederunt Sheriff Court Sheriff Appeal Court Sheriff Principal Sheriff Personal Injury Court Sheriff
Criminal courts High Court of Justiciary Lord Justice-General Lord Justice Clerk Lords Commissioner of Justiciary Acts of Adjournal Sheriff courts Sheriff Appeal Court Sheriff Principal Sheriffs Justice of the peace courts Justices of the peace
Special courts Court of the Lord Lyon Lord Lyon King of Arms Children's Reporter Administration Children's Hearings Land Court Lands Tribunal Scottish Solicitors' Discipline Tribunal
Criminal prosecution Lord Advocate Crown Office and Procurator Fiscal Service Advocate Depute Procurator fiscal Fiscal fine Precognition
Legal profession Judiciary Faculty of Advocates Advocate Law Society Solicitor-Advocate Solicitor Association of Commercial Attorneys Scottish Legal Complaints Commission
v t e

Politics of Scotland
This article is part of a series within the Politics of the United Kingdom on the

The Crown The Monarch Charles III Heir apparent William, Duke of Rothesay Prerogative Royal family Succession Privy Council Union of the Crowns Balmoral Castle Holyrood Palace Scottish republicanism
Executive Scottish Government Yousaf government First Minister The Rt Hon Humza Yousaf MSP Deputy First Minister Shona Robison MSP Cabinet Secretaries Junior Ministers Directorates Scottish budget Taxation Executive agencies Public bodies Bute House St Andrew's House International relations
Legislature Scottish Parliament Sixth session Presiding Officer Alison Johnstone MSP Primary legislation Statutory instrument Committees First Minister's Questions Scotland Act 1998 2012 Act 2016 Act EU Continuity Act 2020
Law and justice Justice Secretary Keith Brown MSP Lord Advocate Dorothy Bain KC Lord President The Rt Hon Lord Carloway KC PC Scots law Udal law Courts Judiciary Scottish Courts and Tribunals Service Crown Office and Procurator Fiscal Service Police Scotland Scottish Prison Service Advocate General Solicitor General
Elections and referendums Scottish Parliament elections 1999 2003 2007 2011 2016 2021 Next United Kingdom Parliament elections 1801 co-option 1802 1806 1807 1812 1818 1820 1826 1830 1831 1832 1835 1837 1841 1847 1852 1857 1859 1865 1868 1874 1880 1885 1886 1892 1895 1900 1906 1910 (Jan) 1910 (Dec) 1918 1922 1923 1924 1929 1931 1935 1945 1950 1951 1955 1959 1964 1966 1970 1974 (Feb) 1974 (Oct) 1979 1983 1987 1992 1997 2001 2005 2010 2015 2017 2019 European Parliament elections 1979 1984 1989 1994 1999 2004 2009 2014 2019 Local elections 1967 1968 1969 1970 1971 1972 1973 1974 1977 1980 1982 1984 1986 1988 1990 1992 1994 1995 1999 2003 2007 2012 2017 2022 Referendums 1975 1979 1994 1997 2005 2011 2014 2016 Scottish Parliament constituencies Scottish Parliament electoral regions Scottish Westminster constituencies Proposed second independence referendum Electoral system Political parties
Scotland and the United Kingdom United Kingdom Government Sunak ministry Prime Minister The Rt Hon Rishi Sunak MP Secretary of State for Scotland The Rt Hon Alister Jack MP Scottish devolution Treaty of Union House of Commons House of Lords Scotland Office Scottish Affairs Committee Scottish Grand Committee Interministerial Standing Committee Barnett formula Reserved matters Sewel motion
Administration Council areas History Sheriffdoms Community councils Lieutenancy areas Convention of Scottish Local Authorities
Category Scotland portal Other countries
v t e

A Scottish statutory instrument (SSI; Scottish Gaelic: Ionnsramaid Reachdail na h-Alba) is subordinate legislation made by the Scottish Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Scottish statutory instrument. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the King-in-Council.^[1]^{: [s. 27]}

The Interpretation and Legislative Reform (Scotland) Act 2010 defines what a Scottish statutory instrument is.^[1]^{: [Pt. 2]} Before this Act, SSIs were governed by the Statutory Instruments Act 1946, which continues to govern UK statutory instruments.^[2]^[3]^[1]^{: [s. 55]}

SSIs, and the power to enable the creation of subordinate legislation in general, are not mentioned in the original text of the Scotland Act 1998, which devolved powers to the Scottish Parliament. Rather, this power is implied by the statement that Acts of the Scottish Parliament are law to the extent that they are not "outside the legislative competence of the Parliament," without any subsequent reservation of the power to make subordinate legislation.^[4]^{: (s. 28–29)}

Before Scottish devolution, subordinate legislation applying only to Scotland was published as a subseries of the larger UK statutory instrument (SI) series. This subseries is now used for SIs which deal with reserved matters in relation to Scotland.^[5]^: 12

^ ^a ^b ^c Scottish Government (2010). Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). National Archives. Archived from the original on 18 October 2016.
^ HM Government (1946). Statutory Instruments Act 1946 (c. 36, 9-10 Geo. 6). National Archives. Archived from the original on 16 February 2016.
^ HM Government (1999). The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096). National Archives. Archived from the original on 29 October 2016.
^ HM Government (1998). Scotland Act 1998 (c. 46). National Archives. ISBN 0-10-544698-X. Archived from the original on 18 October 2016.
^ Her Majesty's Stationery Office (2006). Statutory Instrument Practice: A manual for those concerned with the preparation of statutory instruments and the parliamentary procedures related to them. Office of Public Sector Information.