Supreme Court Case No. 2021/0079 and 2021/0080 written submissions
Written Cases for the UK Supreme Court referral on legislative competence of the UNCRC bill and ECLSG Bill
Applies to Scotland
Documents
Details
These cases were filed for two references which have been made by Her Majesty鈥檚 Attorney General and Her Majesty鈥檚 Advocate General for Scotland under s.33(1) of the Scotland Act 1998 (鈥淪A鈥�; 鈥渢he references鈥�). Section 33(1) permits those officers (鈥渢he UK Law Officers鈥�) to refer to the Supreme Court the question of whether a Bill passed by the Scottish Parliament, or any provision of such a Bill, would be within its legislative competence.
The references have been made in respect of specific provisions of the two Bills referred: ss.6, 19(2)(a)(ii), 20(10)(a)(ii) and 21(5)(b)(ii) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (鈥渢he UNCRC Bill鈥�) and ss.4(1A) and 5(1) of the European Charter of Local Self-Government (Incorporation) (Scotland) Bill (鈥渢he ECLSG Bill鈥�). The UNCRC Bill was passed on 16 March 2021 and the ECLSG Bill was passed on 23 March 2021.
Updates to this page
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Replaced the Written Case for the Advocate General with a version that does not include their signature at the request of the Advocate's General's Counsel.
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Replaced the Written Case for the Lord Advocate with a version that does not include their signature at the request of the Lord Advocate's Counsel.
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Added Written Cases for the Lord Advocate and for the Counsel General of Wales
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First published.