Background
12.Retained EU law, as modified under deficiency powers so that it operates appropriately, will continue to apply in Scotland until such time as new domestic laws are made to change it. The extent to which ‘post-implementation period EU law’ will apply in the UK going forward as a matter of the UK’s international obligations, depends on the terms of the future relationship agreements reached between the UK Government and EU and the European Atomic Energy Community on 24 December 2020, including the Trade and Cooperation Agreement, the Civil Nuclear Agreement and the Security of Classified Information Agreement. The European Union (Future Relationship) Act 2020(2), which received Royal Assent on 30 December 2020, implements elements of these agreements. The extent to which ‘post-implementation period EU law’ will apply in the UK will also depend on any further future agreements concluded by the UK and the EU.
On 30 December the Scottish Parliament voted to withhold consent to this Bill by 92 votes to 30 as it was Parliament’s view that the future relationship agreements negotiated by the UK Government would cause severe damage to Scotland’s environmental, economic and social interests and insufficient time had been allowed for proper scrutiny in the UK and Scottish Parliaments.
