This Bill aims to make sure that Scottish law can continue to align with EU law after 31 December 2020.
This is a Government bill
The Bill became an Act on 29 January 2021
This Bill was passed and is now an Act of the Scottish Parliament.
This Bill aims to make sure that Scottish law can continue to align with EU law after 31 December 2020.
This Bill will help Scottish law keep up with future developments in EU law after 31 December. It will also allow changes to be made to EU laws which are already operating in Scotland. This could apply to areas that are devolved to Scotland, like the environment, agriculture and fisheries.
This Bill does 3 main things. It:
The UK left the EU on 31 January 2020. This is often referred to as ‘Brexit’. As part of Brexit, the UK and EU agreed to an implementation period which will come to an end on 31 December 2020. During the implementation period most EU laws will still apply to the UK, like they did before Brexit.
The EU has 4 core environmental principles which it uses when it is making laws that affect the environment. These are being brought into Scottish law as “guiding principles on the environment”. This Bill makes sure these principles will continue to influence our laws and policies.
The Bill also sets up a new organisation called Environmental Standards Scotland. It will be responsible for making sure that:
UK Withdrawal from the European Union (Continuity) (Scotland) Bill as Introduced (447KB, pdf) posted 18 June 2020
Explanatory Notes (335KB, pdf) posted 17 June 2020
Policy Memorandum (301KB, pdf) posted 18 June 2020
Financial Memorandum (215KB, pdf) posted 18 June 2020
Delegated Powers Memorandum (194KB, pdf) posted 17 June 2020
Statements on legislative competence (90KB, pdf) posted 18 June 2020
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.
This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.
Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.
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.
UK Withdrawal from the European Union (Continuity) (Scotland) Bill: Parts 1 and 3 SPICe briefing
UK Withdrawal from the European Union (Continuity) (Scotland) Bill: Part 2 SPICe briefing
The Bill was introduced on 18 June 2020
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.
Responses to the Environment, Climate Change and Land Reform Committee's Call for Views
Read the reportA Stage 1 debate took place on 29 October 2020 to consider and decide on the general principles of the Bill.
Result 87 for, 27 against, 0 abstained, 15 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 29 October 2020
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 changes considered at the meeting held on 24 November 2020:
First Marshalled List of Amendments for Stage 2 (192KB, pdf) posted 19 November 2020
First Groupings of Amendments for Stage 2 (224KB, pdf) posted 19 November 2020
Documents with the changes considered at the meeting held on 25 November 2020:
Second Marshalled List of Amendments for Stage 2 (184KB, pdf) posted 20 November 2020
Second Groupings of Amendments for Stage 2 (171KB, pdf) posted 20 November 2020
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (371KB, pdf) posted 14 December 2020
Supplementary Delegated Powers Memorandum (87KB, pdf) posted 11 December 2020
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 25 November 2020
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 changes considered at the meeting on 22 December 2020:
Marshalled List of Amendments for Stage 3 (253KB, pdf) posted 16 December 2020
Timed Groupings of Amendments for Stage 3 (237KB, pdf) posted 21 December 2020
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 90 for, 29 against, 0 abstained, 10 did not vote Vote Passed
See further details of the motion
See further details of the motion
The Bill ended Stage 3 on 22 December 2020
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.