Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Inspired Question · S5W-14945 · Session 5

Whether it will provide an update on the proposed continuity bill.

Answered Asked by Bruce Crawford SNP Lodged 27 Feb 2018

The question

To ask the Scottish Government whether it will provide an update on the proposed continuity bill.

The answer

Answered by James Wolffe QC on 27 Feb 2018 · 0 days after it was lodged, on time

The Scottish Government today introduced the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (“the Bill”). The Bill, like all Scottish Government Bills, was accompanied by a Ministerial statement, cleared with me, that it is within the legislative competence of the Scottish Parliament.
The legislative competence of any Bill is determined by applying the relevant legal tests. The principal question in relation to the competence of the Bill arises under section 29(2)(d) of the Scotland Act 1998 – namely, whether the Bill is incompatible with EU law. That question falls to be assessed in the relevant legal context, which includes the following circumstances:
(i) The UK Government has taken steps under Article 50 TEU to withdraw the UK from the EU.
(ii) Upon withdrawal of the UK from the EU, EU law will cease to apply, and the EU law constraint on the powers of the Scottish Parliament and Scottish Ministers will cease to have any content.
(iii) There is a practical necessity to make provision, of the sort contained in the Bill, to enable the law to operate effectively upon and after the UK’s withdrawal from the EU.
The Bill has been carefully framed so that it does not do anything or enable anything to be done, while the UK remains a member of the EU, which would be incompatible with EU law. Rather, it enables provision to be made to deal with the consequences of withdrawal from the EU – to ensure that the law, insofar as within the legislative competence of the Scottish Parliament, continues to operate effectively immediately upon the UK’s withdrawal from the EU. It is modeled, in that regard, on the UK Government’s EU (Withdrawal) Bill. In the context of a process of withdrawal from the EU in accordance with EU law, the enactment of such provisions to ensure legal certainty and legal continuity is not incompatible with EU law. In short, it is compatible with EU law to make provision, in the way that this Bill does, for what is to happen when EU law no longer applies, following a process which is provided for in EU law itself and which has already been initiated.

In the Official Report

2 contributions mention S5W-14945
  1. 28 Feb 2018
    UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill
    Adam Tomkins Con Meeting of the Parliament

    I thank the Lord Advocate for his statement and for early sight of it. I have two quite detailed legal questions to ask him, if I may. First, in his answer yesterday to Bruce Crawford’s parliamentary question, the Lord Advocate stated that…

  2. 13 Mar 2018
    UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill: Stage 2
    Gordon Lindhurst Con Finance and Constitution Committee

    I refer to my entry in the register of members’ interests as a practising advocate. My amendments 66, 67, 72 and 74 relate to the position of the Scottish Parliament bill that we are considering in relation to the Scotland Act 1998, which …