UK Supreme Court ruling on theUK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill

Author: Iain McIver and Angus Evans

PDF Published: Tuesday 18 Dec 2018 (SB 18-88)

Expand
Report

Hide

Hide

Report
- Context
- The Supreme Court Judgment
  - Whether the Scottish Bill as a whole is outside the legislative competence of the Scottish Parliament because it relates to the reserved matter of relations with the EU
  - Whether Section 17 of the Scottish Bill is outside the legislative competence of the Scottish Parliament
  - Whether Section 33 of and Schedule 1 to the Scottish Bill are outside the legislative competence of the Scottish Parliament
  - Whether various provisions of the Scottish Bill are outside competence because (i) they are incompatible with EU law, (ii) modify section 2(1) of the European Communities Act 1972, and/or (iii) are contrary to the rule of law or constitutional principle
  - Whether this court can consider the effect of the UK Withdrawal Act in the context of this reference
  - The effect of the UK Withdrawal Act on the legislative competence of the Scottish Parliament in relation to the Scottish Bill
- The Lord Advocate's statement to the Scottish Parliament
- What happens next?
- Context
- The Supreme Court Judgment
- The Lord Advocate's statement to the Scottish Parliament
- What happens next?
Sources

UK Parliament. (2017, July 13). Bill documents — European Union (Withdrawal) Act 2018. Retrieved from https://services.parliament.uk/Bills/2017-19/europeanunionwithdrawal/documents.html [accessed 18 December 2018]

Scottish Parliament. (2018, February 27). UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill. Retrieved from http://parliament.scot/parliamentarybusiness/Bills/107725.aspx [accessed 18 December 2018]

Scottish Parliament Official Report. (2018, March 1). Motion S5M-10735 UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill. Retrieved from http://parliament.scot/parliamentarybusiness/report.aspx?r=11388&i=103540 [accessed 18 December 2018]

Scottish Parliament. (2018, March 21). UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill As Passed. Retrieved from http://parliament.scot/S5_Bills/UK%20Withdrawal%20from%20the%20European%20Union%20(Legal%20Continuity)%20(Scotland)%20Bill/SPBill28BS052018.pdf [accessed 18 December 2018]

Legislation.gov.uk. (1998, November 19). Scotland Act 1998. Retrieved from http://www.legislation.gov.uk/ukpga/1998/46/introduction [accessed 18 December 2018]

Supreme Court. (2018, December 13). JUDGMENT THE UK WITHDRAWAL FROM THE EUROPEAN UNION (LEGAL CONTINUITY) (SCOTLAND) BILL - A Reference by the Attorney General and the Advocate General for Scotland (Scotland). Retrieved from https://www.supremecourt.uk/cases/docs/uksc-2018-0080-judgment.pdf [accessed 18 December 2018]

Scottish Parliament Official Report. (2018, December 13). UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (United Kingdom Supreme Court Judgment). Retrieved from http://parliament.scot/parliamentarybusiness/report.aspx?r=11843&i=107174 [accessed 18 December 2018]

Scottish Government. (2018, December 13). News Release Supreme Court judgment. Retrieved from https://www.gov.scot/news/supreme-court-judgment/ [accessed 18 December 2018]

Last Updated: 9/5 2:37am

An error occured while loading, please try again in a few minutes.