UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill

UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill
Scottish Parliament
A Bill providing for an Act of the Scottish Parliament to make provision for Scotland in connection with the withdrawal of the United Kingdom from the EU
Citation	SP Bill 28B
Date of Royal Assent	Withheld Referred to the Supreme Court under section 33 of the Scotland Act 1998 by the Attorney General and the Advocate General for Scotland Passed by Parliament 21 March 2018
Legislative history
Bill published on	27 February 2018
Introduced by	John Swinney MSP, Deputy First Minister
First reading	Stage 1 7 March 2018
Second reading	Stage 2 13 and 14 March 2018
Third reading	Stage 3 21 March 2018
Related legislation
Scotland Act 1998 European Union (Withdrawal) Act 2018 European Communities Act 1972
Status: Pending

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The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, colloquially known as the Continuity Bill is a pending legislation passed by the Scottish Parliament with a view to prepare the law of Scotland in view of the United Kingdom's withdrawal from the European Union. This bill was introduced to the Scottish Parliament amid failing negotiations of the Scottish and Welsh Governments and the United Kingdom Government on where key powers that would ordinarily be devolved under previous legislation should lie on the United Kingdom's exit day from the European Union.

The Bill has been referred to the Supreme Court under section 33 of the Scotland Act 1998 by the Attorney General and the Advocate General for Scotland.^[1] 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 (UKSC 2018/0080) stated:^[2]

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.

Purpose

The legislation provides for all matters devolved under the Scotland Act 1998 and subsequent legislation that are currently under the control of the European Union to be repatriated to the Scottish Parliament upon 'exit day'. This legislation differs from the UK parliament's EU withdrawal legislation, as it provides more power for parliament instead of producing executive power, enshrines environmental standards and human rights from the EU into Scots Law and provides for the Scottish Parliament to imitate future EU laws and regulations in devolved area post-Brexit. ^[3]

See also

• European Union (Withdrawal) Act 2018

References