Scottish Ministers (Independence Referendum Bill - Lord Advocate's reference to Supreme Court) [2024] ScotIC 124_2024 (18 June 2024)

The authority to legislate for an independence referendum is contingent on the interpretation of the Scotland Act 1998 and whether such a bill relates to reserved matters under the Act.

Citation: [2024] ScotIC 124_2024
Parties: Applicant: Scottish Ministers; Referrer: Lord Advocate
Jurisdiction: Scotland
Judgment Date: 18 June 2024
Procedural Posture: Reference / Decision
Outcome: reference made to Supreme Court for authoritative determination
Legal Topics: Independence Referendum, Legislative Competence, Devolution

Constitutional Law Public Law Independence Referendum Legislative Competence Devolution

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Parties

Scottish Ministers

Applicant

Lord Advocate

Referrer

Procedural Posture

Reference / Decision

Legal Issues

1 Whether the Scottish Parliament has the power to legislate for an independence referendum without UK Government consent

Ratio Decidendi

The authority to legislate for an independence referendum is contingent on the interpretation of the Scotland Act 1998 and whether such a bill relates to reserved matters under the Act.

Court Disposition

reference made to Supreme Court for authoritative determination

Orders

Matter referred to Supreme Court for decision on legislative competence