Regiment mounts legal challenge to merger
23 Sep 05
KOSB veterans use Scots Act to challenge proposed merger in court
Supporters of the King's Own Scottish Borderers have begun a legal challenge to prevent the proposed amalgamation with the other Scottish regiments.
Veterans from the Edinburgh branch of the regimental association have raised an action at Edinburgh Sheriff Court. They allege that the proposed reorganisation by the Ministry of Defence would be illegal, as the KOSB was created by an Act of the Scottish Parliament in 1689 and a change in law would be needed to disband it.
Yesterday advocate Andrew Webster, appearing for the MoD, told the court that the KOSB were regular soldiers of the British armed forces and, irrespective of how the regiment was first formed, its management and control was now a matter for the UK Government.
The MoD also challenges the jurisdiction of the sheriff court to declare unlawful a decision by a government minister. Sheriff Elizabeth Jarvie reserved judgment on this point.