This Bill aims to ensure that when the UK leaves the European Union (‘Brexit’), Scottish law continues to function without any interruptions or gaps. Scottish law is also known as 'Scots law'.
The Parliament agreed to treat this as an emergency Bill. This is a Government Bill that needs to be enacted more quickly than normal.
This is a Government bill
The Bill was withdrawn on 10 March 2022
This Bill has been withdrawn after Stage 3 of the process to determine if it should become an Act.
This Bill aims to ensure that when the UK leaves the European Union (‘Brexit’), Scottish law continues to function without any interruptions or gaps. Scottish law is also known as 'Scots law'.
The Parliament agreed to treat this as an emergency Bill. This is a Government Bill that needs to be enacted more quickly than normal.
The Bill does 3 main things. It:
With the withdrawal of the UK from the European Union, this Bill will ensure continuity in Scottish law. This applies to the areas of law that are devolved to Scotland, like the environment and food standards.
On 13 July 2017, the UK Government introduced the European Union (Withdrawal) Bill (EUWB) in the UK Parliament. The EUWB sets out proposals to facilitate the UK's departure from the European Union (EU) by:
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill as introduced (622KB, pdf) posted 27 February 2018
Explanatory Notes (374KB, pdf) posted 27 February 2018
Policy Memorandum (384KB, pdf) posted 27 February 2018
Financial Memorandum (140KB, pdf) posted 27 February 2018
Delegated Powers Memorandum (283KB, pdf) posted 27 February 2018
Statements on legislative competence (93KB, pdf) posted 27 February 2018
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill
The Bill was introduced on 27 February 2018
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Finance and Constitution Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 7 March 2018 to consider and decide on the general principles of the Bill.
Result 94 for, 30 against, 0 abstained, 5 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 7 March 2018
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at this meeting held on 13 March 2018:
Marshalled List of Amendments for Stage 2 (272KB, pdf) posted 11 March 2018
Groupings of Amendments for Stage 2 (348KB, pdf) posted 11 March 2018
The Bill ended Stage 2 on 14 March 2018
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at this meeting on 21 March 2018:
Marshalled List of Amendments for Stage 3 (191KB, pdf) posted 19 March 2018
Groupings of Amendments for Stage 3 (266KB, pdf) posted 19 March 2018
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 95 for, 32 against, 0 abstained, 2 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 21 March 2018
The Supreme Court ruled that some of the things this Bill set out to do are not within the powers of the Scottish Parliament. Because of this, the Bill could not become law in its current form.
Read Research Briefing on the Supreme Court ruling
The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill was withdrawn on 10 March 2022.
Minutes of Proceedings of the Parliament: Thursday 10 March 2022 (177KB, pdf) posted 10 March 2022
A Bill can be withdrawn by the minister, MSP, person, group or organisation that suggested the Bill. If a Bill has already finished Stage 1 then the Scottish Parliament must agree to the Bill being withdrawn.