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Entries for May 2016

Tom Mullen and Sarah Craig: The Immigration Act 2016, Reserved Matters and the Sewel Convention: a Reply

This is a reply to Iain Jamieson’s post  which was itself a response to a post of ours discussing the  significant changes to Scots landlord and tenant law contained in provisions of the ( then) Immigration Bill. Royal Assent to the Immigration Act 2016 (c.19)( the 2016 Act) has since been granted, and so the way is clear for the provisions under discussion to be implemented. Iain Jamieson’s post proceeds on the assumption that we consider that the enactment of these provisions without the consent of the Scottish Parliament constitutes a breach of the Sewel convention as currently understood.


Iain Jamieson: Interpretation of the Sewel Convention, the Purpose Test and the Immigration Bill

It is at present uncertain whether the Sewel convention, which has now been put on a statutory footing by s. 2 of the Scotland Act 2016, will fall to be interpreted by a court in the same way as any other statutory provision (see my earlier post here). It is therefore opportune to consider how it might be interpreted.