THE UK WITHDRAWAL FROM THE EUROPEAN UNION (LEGAL CONTINUITY) (SCOTLAND) BILL

[2018] UKSC 64

UKSC 2018/0080
THE UK WITHDRAWAL FROM THE EUROPEAN UNION (LEGAL CONTINUITY) (SCOTLAND) BILL – A Reference by the Attorney General and the Advocate General for Scotland

On 17 April 2018, the UK Government's Law Officers, the Attorney General and the Advocate General for Scotland, referred EU exit legislation passed in the Scottish Parliament (The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill) to the Supreme Court. The Law Officers are asking the Supreme Court for a ruling on whether this legislation is within devolved legislative powers.

The Supreme Court gives a unanimous judgment. It finds that the whole of the Scottish Bill would not be outside the legislative competence of the Scottish Parliament. However, section 17 would be outside the legislative competence of the Parliament because it would modify the Scotland Act and, at least in part, the sections referred to in the final paragraph below would be outside the competence of the Scottish Parliament because they would modify provisions of the UK Withdrawal Act.