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Published by The Scottish Parliamentary Corporate Body
Frequently asked questions: session 6 new constitutional arrangements
Author: Sarah McKay, Iain McIver and Laura Gilman
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Published: Friday 13 Aug 2021 (SB 21-47)
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Executive Summary
Key changes as a result of the UK’s exit from the EU
Has the Scottish Parliament’s competence changed as a result of the UK leaving the EU?
Has the UK leaving the EU given the Scottish Parliament more powers?
Who has the power to make laws in Scotland?
What is the link between the UK leaving the EU and secondary legislation?
Has the UK leaving the EU changed how laws on certain matters are made for Scotland?
Did UK Ministers have the power to make secondary legislation in devolved areas before EU exit?
Do Scottish Ministers have more powers to make secondary legislation as a result of EU exit?
Why does it matter that UK Ministers and Scottish Ministers have more powers to make secondary legislation?
What happened to all the EU law that was in place in the UK?
What is retained EU law?
How was retained EU law made?
What was the deficiency correcting exercise?
How were deficiencies corrected?
What was statutory instrument protocol one?
What is statutory instrument protocol two?
What is the difference between protocol one and protocol two?
Common frameworks
What is a common framework?
What do common frameworks do?
Why are common frameworks being developed in the UK?
What is the Scottish Parliament’s role in relation to common frameworks?
How are common frameworks agreed?
What do common frameworks cover?
The UK Internal Market Act 2020
What is the UK Internal Market Act 2020?
What is the UK Shared Prosperity Fund?
What are the two market access principles in the UK Internal Market Act 2020?
What is the effect of the UK Internal Market Act 2020 on devolution?
How do common frameworks and the UK Internal Market Act 2020 link?
UK and external relations and trade agreements
What is the EU-UK Trade and Cooperation Agreement?
What are trade agreements?
Does the Scottish Parliament have a role in trade agreements?
What are intergovernmental relations?
Why are intergovernmental relations important?
How do intergovernmental relations operate in the UK?
Does the UK still need to comply with the European Convention on Human Rights?
Is the Scottish Parliament bound by EU law?
What is the keeping pace power?
Will Scots law keep pace with EU law in all areas?
What is the Scottish Parliament’s role in relation to the keeping pace power?
Do Scottish Ministers have to report on their use of the keeping pace power?
Executive Summary
Key changes as a result of the UK’s exit from the EU
Common frameworks
The UK Internal Market Act 2020
UK and external relations and trade agreements
Image: How are common frameworks agreed?
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