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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?
Sources
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