Supreme Court rules parts of Scottish Brexit Bill outside legislative competence (Re the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill)

Table of contents

• What is the significance of the judgment?
• What was the background?
• What did the Supreme Court decide?
• What are the practical implications of the judgment?

Article summary

Public Law analysis: Charles Livingstone, partner, and Jamie Dunne, senior solicitor, both at Brodies LLP, examine the Supreme Court's decision in Re the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—Reference by the Attorney General and the Advocate General for Scotland (Scotland). The decision found, among other things, that section 17 of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the Continuity Bill), which would make the legal effect of subordinate legislation made by UK government ministers conditional upon the consent of the Scottish ministers, was outside the legal competence of the Scottish Parliament.