UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

Last updated

UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to make provision for Scotland in connection with the withdrawal of the United Kingdom from the European Union, in particular to enable provision to be made that corresponds to provision in EU law after the United Kingdom’s withdrawal; to establish guiding principles on the environment and to require public authorities to have due regard to those principles in making policies; to establish a body with the functions of ensuring compliance by public authorities with environmental law and monitoring the effectiveness of environmental law in protecting and improving the environment; to require the preparation and publication of an environmental policy strategy; and for connected purposes.
Citation 2021 asp 4
Introduced by Michael Russell MSP
Territorial extent Scotland
Dates
Royal assent 29 January 2021
Commencement 29 January 2021
Status: Current legislation
Text of statute as originally enacted

The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (known colloquially as the Continuity Act or the EU Continuity Act) is an Act passed by the Scottish Parliament on 22 December 2020 [1] and receiving royal assent on 29 January 2021. It is a major Scottish constitutional statute, providing for devolved Scots law to stay aligned to future EU law despite the withdrawal of the United Kingdom from the European Union on 31 January 2020.

Related Research Articles

European Communities Act 1972 (UK) United Kingdom legislation

The European Communities Act 1972, also known as the ECA 1972, was an Act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom to the three European Communities – the European Economic Community, European Atomic Energy Community (Euratom), and the European Coal and Steel Community ; the EEC and ECSC subsequently became the European Union. The Act also incorporated Community Law into the domestic law of the United Kingdom and its acquis communautaire, its treaties, regulations and directives, together with judgments of the European Court of Justice, and the Community Customs Union, the Common Agricultural Policy (CAP) and the Common Fisheries Policy (FCP).

Withdrawal from the European Union Legal process of Article 50 of the Treaty of European Union

Withdrawal from the European Union is the legal and political process whereby an EU member state ceases to be a member of the Union. Article 50 of the Treaty on European Union (TEU) states that "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements".

Primacy of European Union law

The primacy of European Union law is a legal principle establishing precedence of European Union law over conflicting national laws of EU member states. The principle was derived from an interpretation of the European Court of Justice, which ruled that European law has priority over any contravening national law, including the constitution of a member state itself. The majority of national courts have generally recognized and accepted this principle, except for the part where European law outranks a member state's constitution. As a result, national constitutional courts have also reserved the right to review the conformity of EU law with national constitutional law.

United Kingdom–European Union relations Bilateral relations

Relations between the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK) date back to the foundation of the European Communities, the European Union's predecessor, in 1957. The United Kingdom was a member state of the bloc after joining it in 1973 until it became the first country to voluntarily end its membership on 31 January 2020 after a second referendum on membership was held in 2016 which resulted in 51.9% of voters opting to leave.

Brexit UK withdrawal from the European Union

Brexit was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020. The UK is the only sovereign country to have left the EU. The UK had been a member state of the union and its predecessor the European Communities (EC) since 1 January 1973. Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws, except in select areas in relation to Northern Ireland. The European Union (Withdrawal) Act 2018 retains relevant EU law as domestic law, which the UK can now amend or repeal. Under the terms of the Brexit withdrawal agreement, Northern Ireland continues to participate in the European Single Market in relation to goods, and to be a de facto member of the EU Customs Union.

Proposed second Scottish independence referendum Putative referendum

The Scottish Government has proposed holding a second referendum on Scottish independence from the United Kingdom (UK). A first referendum on independence was held in September 2014, with 55% voting "No" to independence. Ahead of that referendum, the Scottish Government stated in its white paper proposing independence that voting Yes was a "once in a generation opportunity to follow a different path, and choose a new and better direction for our nation".

United Kingdom invocation of Article 50 of the Treaty on European Union Invocation of the EUs withdrawal process for "Brexit"

On 29 March 2017, the United Kingdom (UK) invoked Article 50 of the Treaty on European Union (TEU) which began the member state's withdrawal, commonly known as Brexit, from the European Union (EU). In compliance with the TEU, the UK gave formal notice to the European Council of its intention to withdraw from the EU to allow withdrawal negotiations to begin.

European Union (Withdrawal) Act 2018 United Kingdom legislation

The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom that provides both for repeal of the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. The bill's passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

Acts of Parliament of the United Kingdom relating to the European Communities and the European Union

This is a list of current, amended, spent and repealed Acts of the Parliament of the United Kingdom relating to its former membership and current relationship to the European Communities and the European Union from 1972 onwards.

United Kingdom membership of the European Economic Area

The United Kingdom (UK) was a member of the European Economic Area (EEA) from 1 January 1994 to 31 December 2020, following the coming into force of the 1992 EEA Agreement. Membership of the EEA is a consequence of membership of the European Union (EU). The UK ceased to be a Contracting Party to the EEA Agreement after its withdrawal from the EU on 31 January 2020, as it was a member of the EEA by virtue of its EU membership, but retained EEA rights during the Brexit transition period, based on Article 126 of the withdrawal agreement between the EU and the UK. During the transition period, which ended on 31 December 2020, the UK and EU negotiated their future relationship.

European Union (Withdrawal Agreement) Act 2020 Law which ratifies the UKs exit from the European Union

The European Union Act 2020 is an act of the Parliament of the United Kingdom that makes legal provision for ratifying the Brexit Withdrawal Agreement and incorporating it into the domestic law of the United Kingdom. It is the most significant constitutional piece of legislation to be passed by Parliament of the Second Johnson ministry. The Withdrawal Agreement was the result of Brexit negotiations.

The UK Withdrawal from the European Union (Scotland) Bill 2018, colloquially known as Continuity Bill within the Scottish Parliament or the EU Continuity Bill within Scotland, provided for all matters devolved under the Scotland Act 1998 and subsequent legislation that are currently under the control of the European Union, to be repatriated to the Scottish Parliament upon 'exit day'. It was referred to as the Scottish EU Continuity Bill outwith Scotland, was a passed legislative bill by the Scottish Parliament with a stated view to prepare devolved elements of Scots law in view of the United Kingdom's withdrawal from the European Union.

Brexit withdrawal agreement EU–UK agreement for implementing Brexit

The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Union (EU), Euratom, and the United Kingdom (UK), signed on 24 January 2020, setting the terms of the withdrawal of the UK from the EU and Euratom. The text of the treaty was published on 17 October 2019, and is a renegotiated version of an agreement published half a year earlier. The earlier version of the withdrawal agreement was rejected by the House of Commons on three occasions, leading to the resignation of Theresa May as prime minister and the appointment Boris Johnson as the new prime minister on 24 July 2019.

Below is a timeline of major events concerning Brexit: from the referendum until Brexit day on 31 January 2020, and from Brexit day until 1 January 2021.

Predicted impact of Brexit Predicted long-term effects of Brexit

This article outlines the delivered and predicted impact of Brexit, the withdrawal of the United Kingdom (UK) from the European Union (EU) and the European Atomic Energy Community.

The European Union (Withdrawal) Act 2019, commonly informally referred to as the Benn Act after the Labour MP Hilary Benn as Chair of the Exiting the European Union Select Committee who introduced it, was an act of the Parliament of the United Kingdom that required the Prime Minister of the UK to seek an extension to the Brexit withdrawal date—then scheduled for 31 October 2019—in certain circumstances. The main provisions of the Act were triggered if the House of Commons did not give its consent to either a withdrawal agreement or leaving without a deal by 19 October 2019. The Act proposed a new withdrawal date of 31 January 2020, which the Prime Minister was obliged to accept if the proposal was accepted by the European Council.

EU–UK Trade and Cooperation Agreement Post-Brexit agreement of December 2020

The EU–UK Trade and Cooperation Agreement (TCA) is a free trade agreement signed on 30 December 2020, between the European Union (EU), the European Atomic Energy Community (Euratom), and the United Kingdom (UK). It provisionally applied from 1 January 2021, when the Brexit transition period ended, before formally entering into force on 1 May 2021, after the ratification processes on both sides were completed: the UK Parliament ratified on 30 December 2020; the European Parliament and the Council of the European Union ratified in late April 2021.

The United Kingdom Common Frameworks are a group of legislative and non- legislative policies that aim to create UK wide frameworks and ensure the security and integrity of the UK internal market.

The United Kingdom Internal Market Act 2020 is an act of the Parliament of the United Kingdom passed in December 2020. It is concerned with trade within the UK, as the UK is no longer subject to EU regulations. The act seeks to prevent internal trade barriers among the four constituent countries of the United Kingdom, and to restrict the way that certain legislative powers of the devolved administrations can operate in practice.

References

  1. "MSPs pass Brexit bill to 'keep pace' with EU laws". BBC News. 23 December 2020. Archived from the original on 24 December 2020. Retrieved 26 December 2020.