Office of the Queen's Printer for Scotland
An Act of the Scottish Parliament is primary legislation made by the Scottish Parliament about devolved matters such as education, health, agriculture and justice. The Scotland Act 1998 enables the Scottish Parliament to pass such primary legislation.
An Act of Parliament or Act is law enacted by the parliament. An Act may be introduced to parliament by means of a private bill. The origin of an Act of Parliament is often a formal written proposal known as a White Paper, which if accepted will be prepared in the form of a proposed law known as a Bill. The Bill will then be introduced into Parliament.
A Bill is a draft law. Bills are either public - seeking to change the general law - or private - seeking powers for a particular individual or organisation that are in excess of or in conflict with the general law. Public Bills can be introduced by a member of the Scottish Government (an Executive Bill), a parliamentary committee (a Committee Bill), or an individual member of Parliament (a Member’s Bill). Private Bills are introduced by the person seeking the powers provided for by the Bill.
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The Scottish Parliament has full legislative competence. This means it can pass both primary and secondary legislation across a wide range of devolved subjects. The 1998 Scotland Act does not set out devolved subjects but instead lists ‘reserved matters’ for which the UK Parliament retains responsibility. By definition, devolved matters on which the Parliament can legislate are all those which are not specifically reserved (with certain provisos set out in the Act).
Devolved issues include:
The Scottish Government (which may also be known as the Scottish Executive) is the devolved government for Scotland. It is responsible for most of the issues of day-to-day concern to the people of Scotland, including health, education, justice, rural affairs, and transport.
The Scottish Parliament is made up of 129 MSPs (Members of the Scottish Parliament). Like the UK Parliament, the Scottish Parliament passes laws. It also scrutinises the work and policies of the Scottish Government. The Scottish Government, which is made up of the Scottish Ministers (currently known as Cabinet Secretaries and Ministers), is the government in Scotland for all devolved matters.
Scottish Statutory Instruments (SSIs) are made by the Scottish Ministers and other Authorities under powers granted by the Scotland Act 1998. Like Statutory Instruments they are a form of secondary legislation.
Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. These are usually brought to Parliament by a Government minister, exercising legislative powers delegated to them by an Act of Parliament. Statutory Instruments are one form of secondary legislation.