The meaning of Succession (Scotland) Act 2016, section 2: Statutory interpretation and survivorship destinations

Research output: Contribution to journalArticlepeer-review

Abstract

By considering basic principles of statutory interpretation (namely those relating to purposive interpretation, the presumption that deeming provisions are interpreted narrowly, the presumption that previously interpreted re-enacted legislation has the same meaning as the original provision, and the rule that legislation is construed to be compatible with the ECHR) this article considers the meaning of s.2 of the Succession (Scotland) Act 2016 and argues that the legislation clearly implements the policy of evacuating special destinations after divorce or separation and is not defectively drafted.
Original languageEnglish
Pages (from-to)179-196
Number of pages19
JournalJuridical Review
Volume2022
Issue number4
Publication statusPublished - 14 Dec 2022

Keywords

  • statutory interpretation
  • survivorship destinations
  • rectifying construction
  • Succession (Scotland) Act 2016
  • ordinary language meaning
  • Barras presumption of legislative re-enactment
  • presumption applicable to deeming provisions
  • civil partnerships
  • divorce
  • evacuation
  • relationship breakdown
  • Scotland
  • special destinations
  • statuatory interpretation

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