Brexit—implications for Scotland [Archived]

Produced in partnership with Roy Martin QC and Denis Edwards of Terra Firma Chambers

Practice notes

Scottish Law Brexit

Brexit—implications for Scotland [Archived]

Produced in partnership with Roy Martin QC and Denis Edwards of Terra Firma Chambers

Practice notes

Scottish Law Brexit

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note discusses the legal implications for Scotland of the UK exiting the EU. Specific implications arise, in particular, from the UK’s arrangements for the devolution of legislative and executive powers to the Scottish Parliament and the Scottish Government under the Scotland Act 1998 (SA 1998), as amended progressively (primarily to increase legislative and taxation powers) by the Scotland Act 2012 (SA 2012) and the Scotland Act 2016 (SA 2016) (together, the Scotland Acts).

For further guidance on Brexit, see: Brexit toolkit.

Scotland's constitutional arrangements

The starting point is that the position of Scotland in what is now the United Kingdom of Great Britain and Northern Ireland has its constitutional foundation in the Act of Union between Scotland and England. Although devolution has re-ordered its internal governance, the position of the UK as a single and continuing sovereign State has not been affected by the enactment of the Scotland Acts.

The Scotland Acts confer an extensive

Jurisdiction(s):

United Kingdom

Key definition:

Brexit definition

What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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