Search Legislation

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

Section 3 – Limitations on the section 1(1) power

40.Section 3 sets out limits on the use of the power, which are that it cannot be used to:

  • impose or increase taxation, make retrospective provision or create certain types of criminal offence;

  • provide for the establishment of a Scottish public authority;

  • remove protections relating to judicial independence or make provision contrary to section 1 of the Judiciary and Courts (Scotland) Act 2008;

  • confer on public authorities in Scotland functions that are inconsistent with the general objects and purposes of the authority; or

  • modify the Scotland Act 1998 (or the protected subject-matters listed in section 31(5) of that Act), the Equality Act 2006 or the Equality Act 2010. Subsection (2) qualifies the limitation on removal of judicial protection or modification of the Equality Act 2010 if alternative provision is made in the regulations that is equivalent to the protection being removed or modified.

Back to top


Print Options


Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources