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Electronic sources of Scottish legislation: an overview David R. Hart University of Dundee
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Legislation
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Primary legislation Public General Acts Local and Personal Acts Acts of the Scottish Parliament
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Secondary legislation Statutory Instruments Scottish Statutory Instruments Statutory Codes of Practice Byelaws
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1st July 1999 Westminster and Holyrood
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Acts (statutes) from Westminster Sunday Working (Scotland) Act 2003 2003 c.18
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Acts (statutes) from Westminster Legal Deposit Libraries Act 2003 2003 c.28
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Acts (statutes) from Holyrood Smoking, Health and Social Care (Scotland) Act 2005 2005 asp 13
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How will I recognise delegated legislation? Trigger words in the titles of statutory instruments Regulations Rules Order Scheme
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Delegated legislation from Westminster Guaranteed Minimum Pensions Increase Order 2005 SI 2005/521
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Delegated legislation from Westminster Insolvency (Scotland) Regulations 2003 SI 2003/2109
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Delegated legislation from Holyrood Water Environment (Controlled Activities) (Scotland) Regulations 2005 SSI 2005/348
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Issues to consider Is this legislation in force? (commencement) Has it been amended? Has it been repealed/revoked?
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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
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Electronic sources of legislation Official Office of Public Sector Information Office of the Queen’s Printer for Scotland Unofficial BAILII Justis Lawtel LexisNexis Westlaw
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Office of Public Sector Information www.opsi.gov.uk Public General Acts1988 - Statutory Instruments1987 - Acts of the Scottish Parliament1999 - Scottish Statutory Instruments1999 – As enacted or made
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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
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Office of Public Sector Information Statute Law Database Public General Acts in force on 1st February 1991 - Statutory Instruments1991 - Acts of the Scottish Parliament1999 - Scottish Statutory Instruments1999 –
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Office of Public Sector Information Statute Law Database Amendments will be incorporated in Acts Secondary legislation as printed Point-in-time access
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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]
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BAILII Public General Acts1988 - Statutory Instruments2002 - Acts of the Scottish Parliament1999 - Scottish Statutory Instruments1999 – As enacted or made
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Justis www.justis.com English/UK Acts1235 - Acts of the Scottish Parliament1999 - As enacted but with links to amended and amending legislation
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Justis Statutory Instruments1987- Scottish Statutory Instruments1999 - plus Archive1671-1986 As made
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Lawtel www.lawtel.com UK Legislation Service1984 - Digest only Covers Westminster and Holyrood Links to OPSI website
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LexisNexis Butterworths www.lexisnexis.co.uk 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
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LexisNexis Butterworths LexisNexis Professional and LexisNexis Butterworths Full coverage of Scottish Parliament
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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
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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 both Westminster and Holyrood
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Westlaw Versions Historic law In Force Date: February 1, 1991
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Other developments Scottish Parliament Project www.st-andrews.ac.uk/~scotparl/ National Archives of Scotland www.nas.gov.uk
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A maiden’s prayer
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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?
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Asking for the moon?
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