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Update on the reference by the Lord Advocate

Update on the reference by the Lord Advocate

19 July 2022

Update on the reference by the Lord Advocate under paragraph 34 of Schedule 6 to the Scotland Act 1998 under the Supreme Court’s devolution jurisdiction.

On Friday 15 July, the Supreme Court issued an order refusing the Advocate General for Scotland’s application for directions requiring the Advocate General and the Lord Advocate to file written cases restricted to the question whether the Court can or should accept the reference.

There are two issues for the Court to consider: first, whether the Court can or should accept the reference and, second, if so, how it should answer the question the Lord Advocate has referred to it. To answer these questions, the Court will need to consider the circumstances giving rise to the reference and the substance of the Lord Advocate’s question. The Court therefore decided that it should hear argument on both issues at a single hearing in the interests of justice and the efficient disposal of the proceedings.

The full text of the order, with the reasons for refusing the application, is available to view below.

Full text of the order: REFERENCE by the Lord Advocate of devolution issues under para 34 of S6 Scotland Act 1998

15 July 2022

UKSC 2022/0098

Before: Lord Reed

REFERENCE by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998.

AFTER CONSIDERATION of the application by the Advocate General for Scotland for directions requiring the Advocate General and the Lord Advocate to file written cases restricted to the question whether the Court can or should accept the reference.

THE COURT ORDERED that the application be REFUSED for the attached reasons.

REASONS

Since the issues of (a) whether the Court should accept the reference and (b) how the Court should answer the question referred will both require consideration of the circumstances giving rise to the reference and the substance of the question referred, it is in the interests of justice and the efficient disposal of the proceedings that the Court should hear argument on both issues at a single hearing.

Please note, at this stage, we cannot confirm when the case will be heard. We will announce further details via the UKSC website and Twitter account in due course.

For media enquiries, and to subscribe to updates about this case, contact the Supreme Court press office via Sophia.LinehanBiggs@supremecourt.uk and Cloe.Ofori@supremecourt.uk.

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