Part of a series on |
Scots law |
---|
![]() |
This article is part of a series within the Politics of the United Kingdom on the |
Politics of Scotland |
---|
![]() |
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