The Continuity Bill is dead; long live the Continuity Bill - regulatory alignment and divergence in Scotland post-Brexit

Christopher McCorkindale, Aileen McHarg, Tom Mullen

Research output: Other contribution

Abstract

Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation Period). That dispute saw the Scottish Parliament enact its own Continuity Bill intended as an alternative to the European Union (Withdrawal) Act 2018 (EUWA). That Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the "first Continuity Bill") (discussed here and here) – was subsequently referred to the Supreme Court and held to be outwith devolved competence so far as it conflicted with the EUWA (discussed here). Although some provisions of the Bill survived the Supreme Court reference, the Scottish Government decided not to proceed with Bill, but undertook to bring back the remaining provisions on a future occasion.
Original languageEnglish
TypeUK Constitutional Law Association
Media of outputBlog
Number of pages12
Place of PublicationLondon
Publication statusPublished - 30 Jul 2020

Keywords

  • continuity bill
  • legal continuity
  • post brexit

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