Interpretation and Legislative Reform (Scotland) Act 2010

SCHEDULE 1 S Definitions of words and expressions

(introduced by section 25(1))

[F1 Definitions] S

Textual Amendments

F1 Heading in sch. 1 inserted (31.12.2020) by The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628), regs. 1(3), 4(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

• “Act” means, as the context requires, an Act of Parliament or an Act of the Scottish Parliament,

• “Act of Parliament” includes an Act of Parliament whenever passed,

• “Act of the Scottish Parliament” includes an Act of the Scottish Parliament whenever passed,

• “civil partnership” means a civil partnership which exists by virtue of the Civil Partnership Act 2004 (c. 33) (and any reference to a civil partner is to be read accordingly),

• “commencement”, in relation to an Act or subordinate legislation, means the time at which the Act or subordinate legislation comes into force,

• F2 ...

• “document” means anything in which information is recorded in any form (and references to producing a document are to be read accordingly),

• “enactment” means any of the following, whenever passed or made—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  an instrument made under an Act of Parliament,

  (d)

  a Scottish instrument,

  (da)

  [F3 any [F4 assimilated direct] legislation,]

  (e)

  a provision of any such Act [F5 , instrument or [F4 assimilated direct] legislation],

• F6 ...

• “financial year” means a year ending with 31 March,

• “functions” includes powers and duties; and “confer”, in relation to functions, includes impose,

• “High Court” means the High Court of Justiciary,

• “land” includes buildings and other structures, land covered with water, and any right or interest in or over land,

• “Lands Clauses Acts” means the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) and the Lands Clauses Consolidation Acts Amendment Act 1860 (c. 106), and any Acts for the time being in force amending those Acts,

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and “area” in relation to a local authority, means the local government area for which the authority is constituted,

• [F7 “marriage” means marriage between persons of different sexes and marriage between persons of the same sex (and any reference to a person being (or having been) married to another person, or to two people being (or having been) married to each other, is to be read accordingly),]

• “member of the Scottish Executive” has the same meaning as in section 44(1) of the Scotland Act 1998 (c. 46),

• “modify” includes amend or repeal,

• “month” means calendar month,

• “oath” and “affidavit” include affirmation and declaration; and “swear” includes affirm and declare,

• “ordnance map” means a map made under powers conferred by the Ordnance Survey Act 1841 (c. 30),

• “person” includes a body of persons corporate or unincorporated and a partnership constituted under the law of Scotland,

• F2 ...

• F2 ...

• F2 ...

• “the Privy Council” means the Lords and others of Her Majesty's Most Honourable Privy Council,

• “registered”, in relation to nurses and midwives, means registered in the register maintained under article 5 of the Nursing and Midwifery Order 2001 (S.I. 2001/253) by virtue of qualifications in nursing or midwifery, as the case may be,

• “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 (c. 54) who holds a licence to practise under that Act,

• “rules of court”, in relation to a court, means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court; and includes acts of adjournal and acts of sederunt,

• “Scotland” is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998 (c. 46),

• “the Scottish Administration” is to be construed in accordance with section 126(6) of the Scotland Act 1998 (c. 46),

• “Scottish instrument” has the meaning given by section 1(4),

• “the Scottish Ministers” is to be construed in accordance with section 44(2) of the Scotland Act 1998 (c. 46),

• “Scottish public authority” has the meaning given by section 126(1) of the Scotland Act 1998 (c. 46),

• “Secretary of State” means one of Her Majesty's Principal Secretaries of State,

• [F8 “sheriff” is to be construed in accordance with section 134(2) and (3) of the Courts Reform (Scotland) Act 2014,]

• “standard scale”, with reference to a fine or penalty for an offence triable only summarily, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46),

• “statutory declaration” means a declaration made by virtue of the Statutory Declarations Act 1835 (c. 62),

• “statutory maximum”, with reference to a fine or penalty on summary conviction for an offence, means the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46),

• “subordinate legislation” means an instrument made or to be made by virtue of an Act of Parliament or an Act of the Scottish Parliament [F9 or made or to be made on or after [F10 IP completion day] under any [F11 assimilated direct] legislation],

• “United Kingdom” means Great Britain and Northern Ireland,

• [F7 “widow” includes a woman whose marriage to another woman ended with the other woman's death,]

• [F7 “widower” includes a man whose marriage to another man ended with the other man's death,]

• “writing” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form; and expressions referring to writing are to be construed accordingly.

Textual Amendments

F2 Words in sch. 1 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words in sch. 1 inserted (31.12.2020) by The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628), regs. 1(3), 4(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in sch. 1 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 7(4)(a) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F5 Words in sch. 1 substituted (31.12.2020) by The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628), regs. 1(3), 4(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in sch. 1 omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 35(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n) (with regs. 13, 22)

F7 Words in sch. 1 inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 4(15), 36; S.S.I. 2014/287, art. 3, Sch.

F8 Words in sch. 1 substituted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 45; S.S.I. 2015/77, art. 2(2)(3), sch.

F9 Words in sch. 1 inserted (31.12.2020) by The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628), regs. 1(3), 4(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in sch. 1 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 37(a) (with s. 38(3)); S.I. 2020/1622, reg. 5(j) (with reg. 13)

F11 Words in sch. 1 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 7(4)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

[F12 Definitions relating to EU exit S

Textual Amendments

F12 Words in sch. 1 inserted (22.3.2019) by The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628), regs. 1(2)(c), 4(6)(d)

• [F13 “assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023).

• “assimilated obligation” means an obligation that—

  (a)

  was created or arose by or under the EU Treaties before IP completion day, and

  (b)

  forms part of assimilated law,

  as modified from time to time.]

• [F14 “EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).]

• “exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

• [F15 “IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act).]

• F16 ...

• F17 ...]

Textual Amendments

F13 Words in sch. 1 inserted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 7(4)(c) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F14 Words in sch. 1 inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vii), Sch. 5 para. 37(b) (with s. 38(3))

F15 Words in sch. 1 inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vii), Sch. 5 para. 37(c) (with s. 38(3))

F16 Words in sch. 1 omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 7(4)(d) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F17 Words in sch. 1 omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 7(4)(e) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

[F18 Definitions relating to the EU S

Textual Amendments

F18 Words in sch. 1 inserted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 35(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n) (with reg. 13)

• “The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.

• “E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

• “E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

• “Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).

• “The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.

• “EU institution” means any institution of the EU.

• “EU instrument” means any instrument issued by an EU institution other than any [F19 assimilated direct] legislation F20 ....

• “Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).

• “Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

• “European Court” means the Court of Justice of the European Union.

• “Member”, in the expression “member State”, refers to membership of the EU.

• “The Treaties” or “the EU Treaties” means the Treaties [F21 or EU Treaties as at immediately before IP completion day and] within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before [F22 IP completion day].]

Textual Amendments

F19 Words in sch. 1 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 7(4)(f) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F20 Words in sch. 1 omitted (31.12.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 37(e) (with s. 38(3)); S.I. 2020/1622, reg. 5(j) (with reg. 13)

F21 Words in sch. 1 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 37(f)(i) (with s. 38(3)); S.I. 2020/1622, reg. 5(j) (with reg. 13)

F22 Words in sch. 1 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 37(f)(ii) (with s. 38(3)); S.I. 2020/1622, reg. 5(j) (with reg. 13)