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Supreme Court to give decision in Holyrood EU Continuity Bill case

6 December 2018

Judgment will be given next week on whether the Scottish Parliament's bill providing for continuity of the law after Brexit is within its powers.

Seven Justices of the UK Supreme Court – Lady Hale, Lord Reed, Lord Kerr, Lord Sumption, Lord Carnwath, Lord Hodge, and Lord Lloyd-Jones – will rule on Thursday 13 December on the validity of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, following a reference by the UK Government's Law Officers, the Attorney General and the Advocate General for Scotland, who challenge the bill because it relates to the reserved matter of international relations, modifies the Scotland Act 1998 and is incompatible with EU law.

The Scottish Government's position is that the measures would only come into force as and when the UK leaves the European Union, at which point there would be no incompatibility.

Speaking at the Law Society of Scotland's recent conference, Lady Hale described the questions raised as "mind-numbingly complex". The court heard arguments on the reference in late July.

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