Scottish Statutory Instrument
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Scottish Statutory Instrument
A Scottish statutory instrument ( gd, Ionnsramaid Reachdail na h-Alba; SSI) is subordinate legislation made by the Scottish Ministers or a regulatory authority in exercise of powers delegated by an Act of the Scottish Parliament. 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 Queen-in-Council. The Interpretation and Legislative Reform (Scotland) Act 2010 defines what a Scottish statutory instrument is. Before this Act, SSIs were governed by the Statutory Instruments Act 1946, which continues to govern UK statutory instruments. 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 ...
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Subordinate Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by the executive or ...
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Repeal
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In parliamentary procedure, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly. Partial or full repeals A partial repeal occurs when a specified par ...
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Committees Of The Scottish Parliament
Scottish Parliament committees are small groups of Member of the Scottish Parliament, Members of the Scottish Parliament (MSPs) who meet on a regular basis to scrutinise the work of the Scottish Government, conduct Inquiry, inquiries into subjects within their remit and examine legislation. Much of the everyday work of the Scottish Parliament is done by these committees. Committees play a more prominent role in the functioning of the Scottish Parliament than in many other comparable parliamentary systems. Partly this is intended to curb Executive (government), executive dominance, partly to empower Backbencher, backbench members as they carry out the work of scrutinising government, partly to encourage public and expert involvement, and partly due to the Unicameralism, unicameral nature of the Scottish Parliament, meaning there is no Upper house, revising chamber. Some key committees, known as Mandatory committees, are required by the Scottish Parliament's Rules of order, Standin ...
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Rules Of Order
Parliamentary procedure is the accepted rules, ethics, and customs governing meetings of an assembly or organization. Its object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense or the will of the majority of the assembly upon these questions. Self-governing organizations follow parliamentary procedure to debate and reach group decisions, usually by vote, with the least possible friction. In the United Kingdom, Canada, Ireland, Australia, New Zealand, South Africa, and other English-speaking countries, parliamentary procedure is often called ''chairmanship'', ''chairing'', the ''law of meetings'', ''procedure at meetings'', the ''conduct of meetings'', or the ''standing orders''. In the United States, it is referred to as ''parliamentary law'', ''parliamentary practice'', ''legislative procedure'', ''rules of order'', or ''Robert's rules of order''. Rules of order consist of rules written by the body itself (often ...
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Laying Before The House
In parliamentary procedure, especially the Westminster system, a document is laid before the house or Laid on the Table of the House when it is formally recognised as having been made available for members of a deliberative assembly to read. Documents produced by official bodies or in response to orders from parliament are required to be laid before the house. These documents inform members in their deliberations. Originally, a physical copy of the document was placed on the table in the assembly chamber. This is no longer the case, with statutes and rules of order determining the mode by which a document is recognised as having been laid. Some such documents are published, as for example the command papers issued by the UK Parliament. Others may not be published. Electronic publishing is common for documents laid in recent decades. Parliamentary privilege may extend to documents published; the Parliamentary Papers Act 1840 provided this for UK papers. The Irish Department of F ...
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Control Of Vibration At Work Regulations 2005
The Control of Vibration at Work Regulations 2005 are a set of regulations created under the Health and Safety at Work etc. Act 1974 which came into force in Great Britain on 6 July 2005. The regulations place a duty on employers to reduce the risk to their employees’ health from exposure to vibration whether this is caused by the use of hand-held or hand-guided power equipment, holding materials which are being processed by machines or which is caused by the sitting or standing on industrial machines or vehicles. Vibration in the workplace The regulations require employers to identify which of their employees may be at risk from hand arm vibration disorders (HAV) or whole body vibration disorders (WBV) Hand arm v disorders can be caused by the use of hand-held power tools and can cause painful and disabling disorders of the blood vessels, nerves and joints. The risk of suffering from a disorder is increased dependent on the exposure to vibration and can vary widely between ...
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Control Of Substances Hazardous To Health Regulations 2002
The Control of Substances Hazardous to Health Regulations 2002 is a United Kingdom Statutory Instrument which states general requirements imposed on employers to protect employees and other persons from the hazards of substances used at work by risk assessment, control of exposure, health surveillance and incident planning. There are also duties on employees to take care of their own exposure to hazardous substances and prohibitions on the import of certain substances into the European Economic Area. The regulations reenacted, with amendments, the Control of Substances Hazardous to Work Regulations 1999 and implement several European Union directives.Office of Public Sector Information (2002)Health and Safety Executive (2005a) Breach of the regulations by an employer or employee is a crime, punishable on summary conviction or on indictment by an unlimited fine. Either an individual or a corporation can be punished and sentencing practice is published by the Sentencing Council. ...
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Health And Safety At Work Etc
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organization''– ''Basic Documents'', Forty-fifth edition, Supplement, October 2006. A variety of definitions have been used for different purposes over time. Health can be promoted by encouraging healthful activities, such as regular physical exercise and adequate sleep, and by reducing or avoiding unhealthful activities or situations, such as smoking or excessive stress. Some factors affecting health are due to individual choices, such as whether to engage in a high-risk behavior, while others are due to structural causes, such as whether the society is arranged in a way that makes it easier or harder for people to get necessary healthcare services. Still, other factors are beyond both individual and group choices, such as genetic disorders. ...
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Bankruptcy (Scotland) Act 2016
The Bankruptcy (Scotland) Act 2016 is an Act of the Scottish Parliament An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the success .... It forms the key legislative provisions behind the law of bankruptcy in Scotland, with the different Parts of the Act generally following the steps one would take to sequestrate oneself in Scotland. The Act did not change the law in Scotland, but instead consolidated and codified the provisions of a number of Acts relating to bankruptcy, including the Bankruptcy (Scotland) Acts 1985 and 1993, as well as the Bankruptcy and Debt Advice (Scotland) Act 2014. Further reading * * References {{Reflist Acts of the Scottish Parliament 2016 ...
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Legal Force
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Coming Into Force
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment. To come into force, a treaty or Act first needs to receive the required number of votes or ratifications. Although it is common practice to stipulate this number as a requirement in the body of the treaty itself, it can also be set out in a superior law or legal framework, such as a constitution or the standing orders of the legis ...
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Charities References In Documents (Scotland) Regulations 2007
A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being (e.g. educational, religious or other activities serving the public interest or common good). The legal definition of a charitable organization (and of charity) varies between countries and in some instances regions of the country. The regulation, the tax treatment, and the way in which charity law affects charitable organizations also vary. Charitable organizations may not use any of their funds to profit individual persons or entities. (However, some charitable organizations have come under scrutiny for spending a disproportionate amount of their income to pay the salaries of their leadership). Financial figures (e.g. tax refund, revenue from fundraising, revenue from sale of goods and services or revenue from investment) are indicators to assess the financial sustainability of a charity, especially to charity evaluators. This information can impact a char ...
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