Scottish Secretary order on Gender Recognition Reform (Scotland) Bill

Law Society of Scotland comment on the order made by the Secretary of State for Scotland under section 35 of the Scotland Act 1998, preventing the Scottish Parliament's Gender Recognition Reform (Scotland) Bill from receiving Royal Assent.

Law Society of Scotland president Murray Etherington said: “This is the first time that section 35 of the Scotland Act 1998 has ever been used. We are therefore in uncharted territory in terms of the legal parameters of Scottish devolution.

“This section hasn’t previously been used, but it was included in the Scotland Act by the UK Parliament a quarter of a century ago. Section 35 enables the Secretary of State in specific circumstances to prohibit the Parliament’s Presiding Officer from submitting a bill for Royal Assent, preventing that bill from becoming law. Those circumstances are where a Bill makes changes to law which is reserved to the UK Parliament and the Secretary of State believes it would adversely affect that law.

“It’s important to note that there’s scope for the decision under section 35 to be challenged in the courts. An order by the Secretary of State for Scotland under section 35 is subject to judicial review.”