Acts of the Uk Parliament

The principal sources of law in Scotland are Acts of the Scottish Parliament; Acts of the UK Parliament; Scottish Statutory Instruments; UK Statutory Instruments and other subordinate legislation; the common law as developed through or expressed by judicial decisions; the works of the Institutional Writers (eminent Scottish jurists of earlier centuries) and European Community law. The Scotland Act 1998 is particularly important as the UK legislation which creates and devolves power to the Scottish Parliament. It restored to Scotland following a referendum the separate Parliament which had been lost at the time of the Union with England and Wales in 1707. However, as Scotland continues to be part of the UK, the UK Parliament is still able to legislate in certain areas.

As in England and Wales, civil law in Scotland is not set out in any general code.

The roots of Scots law are different from those of English law. Some areas of Scots law are ultimately derived from principles of Roman law. Continental legal systems were also influential in the early development of Scots law. However, in more recent history there has also been much shared development with the rest of the UK.

Primary Legislation

Primary legislation may still be made by the UK Parliament at Westminster. For further details please see the details for England and Wales.

Primary legislation may also be made by the Scottish Parliament at Holyrood, in the subject areas which are devolved to it under the Scotland Act 1998. These include: health; education; local government; social work; housing; planning; tourism and economic development; some aspects of transport; Justice, Freedom and Security including most aspects of private law and criminal law; police and fire services; many aspects of the environment; agriculture and fisheries; sport and the