Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

Essentially the same. And in Northern Ireland and in Wales.

Now, various attempts are made in the interveners' cases to try and circumvent that issue. They point out that there are of course express references to EU law in the devolved legislation, and that is absolutely true, because of course that legislation assumed that the United Kingdom was a member of the EU, but of course that legislation does not require that the United Kingdom should be a member of the EU.

Indeed, the Lord Advocate rightly put the matter in this way at paragraph 66 of his own case, where he said that the references to EU law and the devolution legislation, and I quote, "simply reflected the fact that by the time that the devolution statutes were enacted, EU law had become the law of the land in each of the United Kingdom's jurisdictions".

So be it.

It is of significance that EU law is defined in the devolved legislation in an equivalent ambulatory fashion to that set out in section 2, subsection 1 of the ECA. That is, section 126(9) of the Scotland Act 1998 adopts the following definition, at MS 4374 --

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