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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
UK Withdrawal from the European Union (Continuity) (Scotland) Bill: Parts 1 and 3
Author: Sarah Atherton and Iain McIver
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Published: Tuesday 04 Aug 2020 (SB 20-49)
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Overview
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Overview
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Executive Summary
Political context to introduction
Overview of key provisions in Parts 1 and 3 of the Bill
Part 1: Alignment with EU Law
Section 1 - Power to make provision corresponding to EU law
Section 2 - Limitations on the section 1(1) power
Section 3 - Duration of the section 1(1) power
Section 4 - Scrutiny of regulations under section 1(1)
Sections 5 and 6 - Explanatory statements
Section 7 - Reports relating to the exercise of the section 1(1) power
Section 8 - Interpretation of Part 1
Part 3: General
Legal context on introduction
How has EU law been brought into effect in Scotland to date?
How will this change after the end of the transition period?
Legal challenge: the first UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill
Constitutional circumstances and possible constraints
The effect of EU exit on the devolution settlement
The European Union (Withdrawal) Act 2018
The European Union (Withdrawal Agreement) Act 2020
UK wide legislation
Common frameworks
The UK's future relationship with the EU
UK internal market
Trade agreements
Replacement of EU funding
The keeping pace power and the scrutiny challenge
How can Scotland influence the development of EU law when it is not a member of the EU?
How will the Scottish Government monitor the vast quantity of EU law passed?
How will decisions about what areas of EU law to keep pace with be made and what evidence will be used to make such decisions?
How can the Scottish Parliament effectively scrutinise the use of the section 1(1) power?
Executive Summary
Political context to introduction
Overview of key provisions in Parts 1 and 3 of the Bill
Legal context on introduction
Constitutional circumstances and possible constraints
The keeping pace power and the scrutiny challenge
Sources
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Scottish Government. (2020, June 18). UK Withdrawal from the European Union (Continuity) (Scotland) Bill. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/bill-as-introduced-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
[accessed 3 August 2020]
BBC News online. (2016, June 23). EU Referendum results. Retrieved from
https://www.bbc.co.uk/news/politics/eu_referendum/results
[accessed 21 June 2020]
The Scottish Government. (2016, June 24). Speech by the First Minister on the EU Referendum result. Retrieved from
https://news.gov.scot/speeches-and-briefings/first-minister-eu-referendum-result
[accessed 08 July 2020]
The Scottish Governemnt. (2020, June 18). UK Withdrawal from the European Union (Continuity) (Scotland) Bill Policy Memorandum. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/policy-memorandum-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
[accessed 21 June 2020]
The Scottish Government. (2020, June 18). Policy Memorandum to the Bill, paragraph 23. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/policy-memorandum-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
[accessed 07 July 2020]
The Scottish Government. (2020, June 03). Coronavirus (COVID-19): the case for extending the Brexit transition period. Retrieved from
https://www.gov.scot/publications/covid-19-case-extending-brexit-transition-period/
[accessed 10 July 2020]
McCorkindale, C., McHarg, A., & Mullen, T. (2020, July 30). he Continuity Bill is Dead; Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit. Retrieved from
https://ukconstitutionallaw.org/2020/07/30/christopher-mccorkindale-aileen-mcharg-and-tom-mullen-the-continuity-bill-is-dead-long-live-the-continuity-bill-regulatory-alignment-and-divergence-in-scotland-post-brexit/
[accessed 30 July 2020]
Page, P.A. (2018, March 05). Written Submission to the Finance and Constitution Committee on UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill. Retrieved from
https://www.parliament.scot/S5_Finance/General%20Documents/2018.03.06_Alan_Page_Written_Submission_(2).pdf
[accessed 08 July 2020]
Finance and Constitution Committee 07 March 2018, Professor Page, contrib. 150,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11400&c=2069830
Finance and Constitution Committee 07 March 2018, Professor McHarg, contrib. 152,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11400&c=2069832
Finance and Constitution Committee 07 March 2018, Dr Hughes, contrib. 153,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11400&c=2069833
Finance and Constitution Committee 07 March 2018, Michael Russell, contrib. 286,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11400&c=2070038
Scottish Government. (2020, June 18). Explanatory Notes: UK Withdrawal from the European Union (Continuity) (Scotland) Bill. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/explanatory-notes-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
Politico.eu. (2020, June 14). UK formally rejects Brexit transition period extension. Retrieved from
https://www.politico.eu/article/uk-formally-rejects-brexit-transition-period-extension/
[accessed 09 July 2020]
The Scottish Government. (2019, April 5). Continuity Bill Update. Retrieved from
https://www.gov.scot/news/continuity-bill-update/
[accessed 30 March 2020]
UK Government. (2018, March 09). Frameworks Analysis. Retrieved from
https://www.parliament.scot/S5_Finance/Reports/20180307_FINAL__Frameworks_analysis_for_publication_on_9_March_2018.pdf
[accessed 10 July 2020]
Warden, A. (2020, June 25). Common frameworks: Progress report. Retrieved from
https://spice-spotlight.scot/2020/06/25/common-frameworks-progress-report/
[accessed 12 July 2020]
Finance and Constitution Committee 19 June 2020 [Draft], Michael Russell, contrib. 8,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12711&c=2263624
McEwen, N. (2020, April 20). Devolution and Alignment with EU Laws. Retrieved from
https://www.centreonconstitutionalchange.ac.uk/news-and-opinion/devolution-and-alignment-eu-laws
[accessed 4 August 2020]
Culture, Tourism, Europe and External Affairs Committee 04 June 2020, Philip Rycroft, contrib. 15,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12678&c=2259890
Keating, M. (n.d.) Written submission from Michael Keating on a UK Internal Market. Retrieved from
https://www.parliament.scot/S5_Finance/General%20Documents/submission_from_Michael_Keating_4.pdf
STV news. (2020, July 05). UK internal market plan would be devolution ‘power grab’. Retrieved from
https://news.stv.tv/politics/uk-internal-market-plan-would-be-devolution-power-grab?top
[accessed 12 July 2020]
The Scottish Government. (2020, June 18). Policy Memorandum, paragraph 21. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/policy-memorandum-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
[accessed 09 July 2020]
Scottish Parliament Official Report. (2020, February 20). Culture, Tourism, Europe and External Affairs Committee. Retrieved from
http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12530
[accessed 30 June 2020]
Publications Office of the European Union. (n.d.) Legal acts – statistics. Retrieved from
https://eur-lex.europa.eu/statistics/2019/legislative-acts-statistics.html
[accessed 09 July 2020]
Munro, R., White, H., & Borjes, L. (2016, March). Parliamentary scrutiny of European Union legislation. Retrieved from
https://www.instituteforgovernment.org.uk/sites/default/files/publications/Parliamentary%20Scrutiny%20FINAL.pdf
[accessed 09 July 2020]
Scottish Parliament Official Report. (2020, June 19). Finance and Constitution Committee 2020, 13th meeting. Retrieved from
http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12711
[accessed 1 July 2020]
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