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

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

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

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  1. Electronic sourcesof Scottish legislation:an overviewDavid R. HartUniversity of Dundee

  2. Legislation

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

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

  5. 1st July 1999 Westminster and Holyrood

  6. Acts (statutes) from Westminster Sunday Working (Scotland) Act 2003 2003 c.18

  7. Acts (statutes) from Westminster Legal Deposit Libraries Act 2003 2003 c.28

  8. Acts (statutes) from Holyrood Smoking, Health and Social Care (Scotland) Act 2005 2005 asp 13

  9. How will I recognisedelegated legislation? • Trigger words in the titles of statutory instruments • Regulations • Rules • Order • Scheme

  10. Delegated legislationfrom Westminster Guaranteed Minimum Pensions Increase Order 2005 SI 2005/521

  11. Delegated legislationfrom Westminster Insolvency (Scotland) Regulations 2003 SI 2003/2109

  12. Delegated legislationfrom Holyrood Water Environment (Controlled Activities) (Scotland) Regulations 2005 SSI 2005/348

  13. Issues to consider • Is this legislation in force? • (commencement) • Has it been amended? • Has it been repealed/revoked?

  14. 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

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

  16. 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

  17. 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

  18. 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 –

  19. Office of Public Sector Information • Statute Law Database • Amendments will be incorporated in Acts • Secondary legislation as printed • Point-in-time access

  20. 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]

  21. BAILII • Public General Acts 1988 - • Statutory Instruments 2002 - • Acts of the Scottish Parliament 1999 - • Scottish Statutory Instruments 1999 – • As enacted or made

  22. Justis • www.justis.com • English/UK Acts 1235 - • Acts of the Scottish Parliament 1999 - • As enacted but with links to • amended and amending legislation

  23. Justis • Statutory Instruments 1987- • Scottish Statutory Instruments 1999 - • plus Archive 1671-1986 • As made

  24. Lawtel • www.lawtel.com • UK Legislation Service 1984 - • Digest only • Covers Westminster and Holyrood • Links to OPSI website

  25. 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

  26. LexisNexis Butterworths • LexisNexis Professional and LexisNexis Butterworths • Full coverage of Scottish Parliament

  27. LexisNexis Butterworths • LexisNexis Professional LexisNexis Butterworths • Statutes of England & Wales UK Parliament Acts • Statutory Instruments of England & Wales UK Parliament SIs • Statutes of Scotland Scottish Parliament Acts • Statutory Instruments of Scotland Scottish Parliament SIs

  28. 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

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

  30. Other developments • Scottish Parliament Project • www.st-andrews.ac.uk/~scotparl/ • National Archives of Scotland • www.nas.gov.uk

  31. A maiden’s prayer

  32. 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?

  33. Asking for the moon?

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