Contents

UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 2018

UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 2018
Scottish Parliament
Long title 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
Royal assent	Judgment [2018] UKSC 64[1] of the UK Supreme Court in a reference made under s.33 of the Scotland Act 1998, ruled (13 December 2018) that "some provisions of the Bill are outwith the legislative competence of the Scottish Parliament"
Legislative history
Introduced by	John Swinney MSP
Introduced	27 February 2018 (2018-02-27)
First reading	7 March 2018 (2018-03-07)
Second reading	13-14 March 2018
Third reading	21 March 2018 (2018-03-21)
Related legislation
European Union (Withdrawal) Act 2018
Keywords
Scotland Act 1998 European Communities Act 1972
Status: Blocked

Part of a series of articles on
Brexit
Withdrawal of the United Kingdom from the European Union Glossary of terms
Background European Communities Act 1975 EC membership referendum UK rebate Bruges speech No. No. No. Maastricht Rebels Black Wednesday European Union (Amendment) Act 2008 European Union Act 2011 UK opt-outs from EU legislation Euroscepticism in the UK UK opinion polling on EU membership Campaigns for a referendum People's Pledge Labour for a Referendum Bloomberg speech In or Out 2013–14 EU (Referendum) Bill (unsuccessful) 2014 European Parliament election 2014 UK Parliament by-elections Clacton Heywood and Middleton Rochester and Strood 2015 UK general election 2015–16 EU membership renegotiation
2016 EU referendum EU Referendum Act (Gibraltar) EU Referendum (Date of Referendum etc.) Regulations EU Referendum (Conduct) Regulations Issues Endorsements Opinion polling UK Government pro-EU leaflet Campaigns Leave campaigns Vote Leave (official) Business for Britain Conservatives for Britain BeLeave Leave.EU Bpoplive The Freedom Association Better Off Out Grassroots Out Labour Leave Get Britain Out Bruges Group Campaign for an Independent Britain Brexit: The Movie Remain campaigns Britain Stronger in Europe (official) Labour In for Britain European Movement UK Britain in Europe British Influence Business for New Europe Nucleus Project Fear Outcome Results Causes for result International reactions Immediate aftermath 2016 Conservative Party election 2016 Labour Party election 2016 UKIP election Department for Exiting the EU Department for International Trade Allegations of unlawful campaigning Alleged Russian interference
Notice of withdrawal Article 50 process Miller case (Article 50) EU (Notification of Withdrawal) Act 2017 Brexit plan Repeal Bill plan 2017 UK general election
Negotiations Negotiation positions EU negotiation mandate Chequers agreement Timeline: 2017, 2018, 2019 2019 European Parliament election 2019 UK general election
Withdrawal agreement Brexit divorce bill Fish for finance Irish backstop No-deal Brexit Northern Ireland Protocol Northern Ireland Protocol Bill Windsor Framework
Legislation Withdrawal Act 2018 (Gibraltar) Nuclear Safeguards Act 2018 Cooper–Letwin Act Benn Act 2019 suspension of rebel Conservative MPs Public Vote Bill (not passed) Terms of Withdrawal Bills (not passed) Scottish EU Continuity Bill (blocked) Withdrawal Agreement Act (Gibraltar) Scottish EU Continuity Act Internal Market Act EU (Future Relationship) Act Retained EU Law (Revocation and Reform) Bill
Impact Impact on the Irish border Good Friday Agreement Impact on the EU Economic effects Effects on Gibraltar Scientific cooperation Retained EU law 2021 Jersey dispute
EU–UK relations Relations pre- and post-Brexit EU–UK trade negotiation EU–UK Trade and Cooperation Agreement (TCA) Partnership Council Partnership Assembly Relations with EU member states Austria Belgium Bulgaria Croatia Cyprus Akrotiri and Dhekelia Czech Republic Denmark Estonia France Germany Greece Hungary Ireland Ireland–UK border British–Irish Council North/South Ministerial Council Italy Lithuania Malta Netherlands Poland Portugal Romania Slovakia Spain Status of Gibraltar Gibraltar–Spain border Sweden Conjectured EEA membership
Opposition Post-referendum opinion polling New initiatives Change Britain More United Open Britain The New European Unite to Remain Led By Donkeys Revoke Article 50 petition Postcards from the 48% Proposed second Scottish independence referendum Calls for a second referendum People's Vote Britain for Europe European Movement UK For our Future's Sake Healthier IN the EU InFacts Open Britain Our Future Our Choice Scientists for EU Other organisations Best for Britain Bollocks to Brexit Change UK Liberal Democrats Right to Vote
Timeline Bloomberg speech Jan 2013 Referendum Bill blocked Jan 2014 European Parliament election May 2014 2015 general election May 2015 Renegotiation begins Jun 2015 Referendum Act passed Dec 2015 Renegotiation concluded Feb 2016 Referendum held Jun 2016 David Cameron resigns as PM Jul 2016 Theresa May becomes PM Jul 2016 Article 50 judgement Jan 2017 Brexit plan presented Feb 2017 Notification Act passed Mar 2017 Article 50 invoked Mar 2017 Repeal Bill plan presented Mar 2017 2017 general election Jun 2017 Brexit negotiations begin Jun 2017 Withdrawal Act passed Jun 2018 Chequers plan presented Jul 2018 Withdrawal agreement plan presented July 2018 Withdrawal agreement released Nov 2018 Scottish Continuity Bill blocked Dec 2018 Meaningful votes Jan–Mar 2019 Brexit delayed until 12 April Mar 2019 Cooper–Letwin Act passed Apr 2019 Brexit delayed until 31 October Apr 2019 European Parliament election May 2019 Theresa May resigns as PM Jul 2019 Boris Johnson becomes PM Jul 2019 Prorogation and annulment Aug–Sep 2019 Benn Act passed Sep 2019 Withdrawal agreement revised Oct 2019 Brexit delayed until 31 January Oct 2019 2019 general election Dec 2019 Agreement Act passed Jan 2020 UK leaves the European Union Jan 2020 Implementation period begins Jan 2020 UK–EU trade deal agreed Dec 2020 Future Relationship Act passed Dec 2020 Scottish Continuity Act passed Dec 2020 Implementation period ends Dec 2020 New EU–UK relationship begins Jan 2021 UK–EU trade deal ratified Apr 2021 Windsor Framework released Feb 2023 Windsor framework adopted Mar 2023
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The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 2018, colloquially known as Continuity Bill within the Scottish Parliament 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, 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 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 on where key powers, which would ordinarily be devolved, should lie on the United Kingdom's exit from the European Union.^{[citation needed]}

The bill was referred to the Supreme Court of the United Kingdom under section 33 of the Scotland Act 1998 by the Attorney General for England and Wales (on behalf of the UK Government) and the Advocate General for Scotland.^[2] 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 ([2018] UKSC 64) stated:^[3][4]

On 17 April 2018, the UK Government's Law Officers, the Attorney General and the Advocate General, 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 asked the Supreme Court for a ruling on whether this legislation is within devolved legislative powers.

On 13 December 2018, the Supreme Court ruled that only section 17 of the bill would have been outwith the legal competence of the Scottish Parliament under the Scotland Act 1998 at the time of its passage. However, due to the passage and enactment of the European Union (Withdrawal) Act 2018 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'.^[1] The governments of Scotland and of the United Kingdom differed sharply on the outcome. The (UK) Secretary of State for Scotland, David Mundell, 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".^[5]

See also[edit]

• European Union (Withdrawal) Act 2018

References[edit]