The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 2018, colloquially known as Continuity Bill within the

Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...

or the EU Continuity Bill within Scotland, provided for all matters devolved under the Scotland Act 1998 and subsequent legislation that are currently under the control of the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...

, to be repatriated to the Scottish Parliament upon 'exit day'. It was referred to as the Scottish EU Continuity Bill outwith Scotland, was a passed legislative bill by the Scottish Parliament with a stated view to prepare devolved elements of

Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...

in view of the United Kingdom's withdrawal from the European Union. This bill was introduced to the Scottish Parliament amid failing negotiations between the Scottish Government and the

Government of the United Kingdom ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal coat of arms of t ...

on where key powers, which would ordinarily be devolved, should lie on the United Kingdom's exit from the European Union. The bill was referred to the

Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...

under section33 of the

Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was on ...

by the

Attorney General for England and Wales His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney ...

(on behalf of the UK Government) and the Advocate General for Scotland. The case summary according to the court in ''UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 2018 – A Reference by the Attorney General and the Advocate General for Scotland'' ( 018UKSC 64) stated: On 13December2018, the Supreme Court ruled that only section17 of the bill would have been outwith the legal competence of the Scottish Parliament under the

at the time of its passage. However, due to the passage and enactment of the

European Union (Withdrawal) Act 2018 The European Union (Withdrawal) Act 2018 (also known as the Great Repeal Act) is an Act of Parliament, Act of the Parliament of the United Kingdom that provides both for repeal of the European Communities Act 1972 (UK), European Communities A ...

by the UK Parliament while the Scottish Bill was under review, many more sections of the bill are not within its legal competence and that the bill as far as those sections are concerned is therefore 'not law'. The governments of Scotland and of the United Kingdom differed sharply on the outcome. The (UK)

Secretary of State for Scotland The secretary of state for Scotland ( gd, Rùnaire Stàite na h-Alba; sco, Secretar o State fir Scotland), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the Unit ...

David Mundell David Gordon Mundell, (born 27 May 1962) is a Scottish politician and solicitor who served as Secretary of State for Scotland from 2015 to 2019. A member of the Scottish Conservative Party, he has served as the Member of Parliament (MP) for Du ...

, said the court had "provided much-needed legal clarity" that the bill "goes beyond the powers of the Scottish Parliament". But Scotland's Brexit Secretary Michael Russell argued that the UK government had "changed the rules of the game midway through the match" in an "act of constitutional vandalism".

References

{{Brexit referendum 2018 in Scotland 2018 in British law Brexit United Kingdom constitutional case law

See also

References