Electronic sourcesof Scottish legislation:

an overviewDavid R. Hart

University of Dundee

Legislation

Legislation

Primary legislation Secondary (or delegated) legislation

Primary legislation

Public General ActsLocal and Personal ActsActs of the Scottish Parliament

Secondary legislation

Statutory InstrumentsScottish Statutory InstrumentsStatutory Codes of PracticeByelaws

1st July 1999

Westminster and Holyrood

Acts (statutes) from Westminster

Sunday Working (Scotland) Act 2003

2003 c.18

Acts (statutes) from Westminster

Legal Deposit Libraries Act 2003

2003 c.28

Acts (statutes) from Holyrood

Smoking, Health and Social Care (Scotland) Act 2005

2005 asp 13

How will I recognisedelegated legislation?

Trigger words in the titles of statutory instruments

• Regulations• Rules• Order• Scheme

Delegated legislationfrom Westminster

Guaranteed Minimum PensionsIncrease Order 2005

SI 2005/521

Delegated legislationfrom Westminster

Insolvency (Scotland) Regulations 2003

SI 2003/2109

Delegated legislationfrom Holyrood

Water Environment (Controlled Activities) (Scotland) Regulations 2005

SSI 2005/348

Issues to consider

• Is this legislation in force?(commencement)

• Has it been amended?

• Has it been repealed/revoked?

Sources of legislation

OfficialPublic General ActsStatutes in ForceStatutory InstrumentsActs of the Scottish ParliamentScottish Statutory Instruments

UnofficialCurrent Law StatutesHalsbury’s StatutesHalsbury’s Statutory Instruments

Electronic sources of legislation

OfficialOffice of Public Sector InformationOffice of the Queen’s Printer for Scotland

UnofficialBAILIIJustisLawtelLexisNexisWestlaw

Office of Public Sector Information

www.opsi.gov.uk

Public General Acts 1988 -Statutory Instruments 1987 -Acts of the Scottish Parliament 1999 -Scottish Statutory Instruments 1999 –

As enacted or made

Office of Public Sector Information

Statute Law Database

“For many years, the DCA and before it the Lord Chancellor's Department gave firm predictions that the database would be publicly available 12 months from whatever date they were stating that on.”

Jonathan Mitchell QC

Office of Public Sector Information

Statute Law Database

Public General Acts in force on 1st February 1991 -Statutory Instruments 1991 -Acts of the Scottish Parliament 1999 -Scottish Statutory Instruments 1999 –

Office of Public Sector Information

Statute Law Database

• Amendments will be incorporated in Acts

• Secondary legislation as printed

• Point-in-time access

BAILII

British and Irish Legal Information Institute

www.bailii.org

“Public legal information is digital common property and should be accessible to all on a non-profit basis and free of charge” [Declaration on Free Access to Law]

BAILII

Public General Acts 1988 -Statutory Instruments 2002 -Acts of the Scottish Parliament 1999 -Scottish Statutory Instruments 1999 –

As enacted or made

Justis

www.justis.com

English/UK Acts 1235 -Acts of the Scottish Parliament 1999 -

As enacted but with links toamended and amending legislation

Justis

Statutory Instruments 1987-Scottish Statutory Instruments 1999 -

plus Archive 1671-1986

As made

Lawtel

www.lawtel.com

UK Legislation Service 1984 -

• Digest only

• Covers Westminster and Holyrood

• Links to OPSI website

LexisNexis Butterworths

www.lexisnexis.co.uk

LexisNexis Professional and LexisNexis Butterworths

• Full amended text of all Public General Actscurrently in force in England & Wales

• Only those provisions of Westminster Acts relating toScotland which affect England & Wales are

included

LexisNexis Butterworths

LexisNexis Professional and LexisNexis Butterworths

• Full coverage of Scottish Parliament

LexisNexis Butterworths

LexisNexis Professional LexisNexis Butterworths

Statutes of England & Wales UK Parliament ActsStatutory Instruments of England & Wales UK Parliament SIs

Statutes of Scotland Scottish Parliament ActsStatutory Instruments of Scotland Scottish Parliament SIs

Westlaw

www.westlaw.co.uk

• Full amended text of all Public General Acts

• Full amended text of all Statutory Instruments

• Full coverage of Scottish legislation from bothWestminster and Holyrood

Westlaw

• Versions

• Historic law

• In Force Date: February 1, 1991

Other developments

• Scottish Parliament Project

www.st-andrews.ac.uk/~scotparl/

• National Archives of Scotland

www.nas.gov.uk

A maiden’s prayer

Considerations

• Is it comprehensive?• Is it current?• Is it authoritative/reliable?• Are amendments incorporated or simply noted?• Does it function as an archive?• Do we just need legislation or a total package?• Is it easy to use?• How much are we prepared to spend?

Asking for the moon?