notes
Sources of Scots Law LO1
Statutory are the acts of Parliament.. It is the most important Law making source in Scots Law. The statutes of the UK and Scotland are influenced by the European Legislation. The legislative bodies that affect Scotland are the UK parl and Scots Parl. Scotland has a different legal systemfor this reason certain statutes must take into consideration the difference between Scot and English law. Scotland has its own Parl to pass legislation on devolved matters only. Reserved matters are covered by the UK Parl. Scots Acts prior to the Union 1707 may still have legal effect. – Lease Act 1449 Acts prior to the Scots Parl Acts passed by the Scots Parliament only affect Scotland (ii) Licensing (Scotland) Act 1976Acts passed by the UK Parliament which effect Scotland Data Protection Act 1998, Sex Discrimination act 1975 (equality act 2010)The Scotland Act 1998 was created by the UK Parl. The UK Parl now has a lesser role in legislating for Scotland due to the creation of the Scots Parl. However, the Scotland act can be repealed by an act of the UK Parl as they can reduce or increase the powers of the Scottish Parl and in fact abolish it due to being supreme. Scotland owes its existence and powers to the UK parliament. The Scots Parl is subordinate to the UK Parl. If Scotland was independent this would not be the case. The Scotland Act 1998 states the powers of the Scots Parliament to pass legislation and the areas where it cannot pass legislation. There are devolved and reserved matters. The reserved matters under the Scotland Act 1998 powers are kept by the UK parl and Devolved powers are powers of the Scots Parl. Reserved powers are exclusive to the UK parland Scots Parliament cannot pass legislation in these areas. They are constitutional matters, foreign policy, defence and national security, finance, immigration, energy, trade and industry, employment legislation, social security, and genetics. Examples of statutes are Sales of
Statutory are the acts of Parliament.. It is the most important Law making source in Scots Law. The statutes of the UK and Scotland are influenced by the European Legislation. The legislative bodies that affect Scotland are the UK parl and Scots Parl. Scotland has a different legal systemfor this reason certain statutes must take into consideration the difference between Scot and English law. Scotland has its own Parl to pass legislation on devolved matters only. Reserved matters are covered by the UK Parl. Scots Acts prior to the Union 1707 may still have legal effect. – Lease Act 1449 Acts prior to the Scots Parl Acts passed by the Scots Parliament only affect Scotland (ii) Licensing (Scotland) Act 1976Acts passed by the UK Parliament which effect Scotland Data Protection Act 1998, Sex Discrimination act 1975 (equality act 2010)The Scotland Act 1998 was created by the UK Parl. The UK Parl now has a lesser role in legislating for Scotland due to the creation of the Scots Parl. However, the Scotland act can be repealed by an act of the UK Parl as they can reduce or increase the powers of the Scottish Parl and in fact abolish it due to being supreme. Scotland owes its existence and powers to the UK parliament. The Scots Parl is subordinate to the UK Parl. If Scotland was independent this would not be the case. The Scotland Act 1998 states the powers of the Scots Parliament to pass legislation and the areas where it cannot pass legislation. There are devolved and reserved matters. The reserved matters under the Scotland Act 1998 powers are kept by the UK parl and Devolved powers are powers of the Scots Parl. Reserved powers are exclusive to the UK parland Scots Parliament cannot pass legislation in these areas. They are constitutional matters, foreign policy, defence and national security, finance, immigration, energy, trade and industry, employment legislation, social security, and genetics. Examples of statutes are Sales of