Electronic sources of Scottish legislation: an overview David R. Hart University of Dundee

Legislation

Primary legislation Public General Acts Local and Personal Acts Acts of the Scottish Parliament

Secondary legislation Statutory Instruments Scottish Statutory Instruments Statutory Codes of Practice Byelaws

1st July 1999 Westminster and Holyrood

Acts (statutes) from Westminster Sunday Working (Scotland) Act c.18

Acts (statutes) from Westminster Legal Deposit Libraries Act c.28

Acts (statutes) from Holyrood Smoking, Health and Social Care (Scotland) Act asp 13

How will I recognise delegated legislation? Trigger words in the titles of statutory instruments Regulations Rules Order Scheme

Delegated legislation from Westminster Guaranteed Minimum Pensions Increase Order 2005 SI 2005/521

Delegated legislation from Westminster Insolvency (Scotland) Regulations 2003 SI 2003/2109

Delegated legislation from 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 Has it been repealed/revoked?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 Official Public General Acts Statutes in Force Statutory Instruments Acts of the Scottish Parliament Scottish Statutory Instruments Unofficial Current Law Statutes Halsbury’s Statutes Halsbury’s Statutory Instruments

Electronic sources of legislation Official Office of Public Sector Information Office of the Queen’s Printer for Scotland Unofficial BAILII Justis Lawtel LexisNexis Westlaw

Office of Public Sector Information Public General Acts Statutory Instruments Acts of the Scottish Parliament Scottish Statutory Instruments1999 – 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 Statutory Instruments Acts of the Scottish Parliament Scottish Statutory Instruments1999 –

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 “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 Statutory Instruments Acts of the Scottish Parliament Scottish Statutory Instruments1999 – As enacted or made

Justis English/UK Acts Acts of the Scottish Parliament As enacted but with links to amended and amending legislation

Justis Statutory Instruments1987- Scottish Statutory Instruments plus Archive As made

Lawtel UK Legislation Service Digest only Covers Westminster and Holyrood Links to OPSI website

LexisNexis Butterworths LexisNexis Professional and LexisNexis Butterworths Full amended text of all Public General Acts currently in force in England & Wales Only those provisions of Westminster Acts relating to Scotland which affect England & Wales are included

LexisNexis Butterworths LexisNexis Professional and LexisNexis Butterworths Full coverage of Scottish Parliament

LexisNexis Butterworths LexisNexis ProfessionalLexisNexis Butterworths Statutes of England & WalesUK Parliament Acts Statutory Instruments of England & WalesUK Parliament SIs Statutes of ScotlandScottish Parliament Acts Statutory Instruments of ScotlandScottish Parliament SIs

Westlaw Full amended text of all Public General Acts Full amended text of all Statutory Instruments Full coverage of Scottish legislation from both Westminster and Holyrood

Westlaw Versions Historic law In Force Date: February 1, 1991

Other developments Scottish Parliament Project National Archives of Scotland

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?