Law Society of Scotland launches survey of the returning EU powers which intersect with devolved law

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In late 2017, the Cabinet Office published a list of 111 points where EU Law intersects with devolved matters in the UK. This was supplemented by the publication of the UK Government’s Frameworks analysis: breakdown of areas of EU law that intersect with devolved competence in Scotland, Wales and Northern Ireland on 9 March 2018. The government’s analysis focuses on the EU legislation which applies in such devolved areas.

In line with the above, the LSS issued a survey of the returning EU powers which intersect with devolved law to add further information to the debate. The survey covers the powers in the list, including details of the implementing legislation for Scotland and, where appropriate, for the UK (occasionally on a GB basis) and for England and Wales.

The areas highlighted in the results are important, complex and often very technical. They comprise highly regulated areas of policy implemented by EU Directives, Regulations and Decisions and transposed by UK Acts and subordinate legislation, Scottish Acts and Scottish subordinate legislation; as well as a number of administrative, non-statutory arrangements.

As the UK Parliament comes to debate clause 11 of the European Union (Withdrawal) Bill and the Scottish Parliament debates the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, the LSS hopes that the survey will assist interested parties who want to know more about the returning powers, which include those 24 policy areas which the UK government have recently identified as requiring a UK legislative approach for a temporary period.

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