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<p>The Law Officers may refer the question of whether a Bill or any provision of a
Bill would be within the legislative competence of a devolved legislature to the Supreme
Court for a decision.</p><p> </p><p>This power is set out in relation to the Scottish
Parliament, the Senedd and the Northern Ireland Assembly in section 33 of the Scotland
Act 1998, section 112 of the Government of Wales Act 2006, and section 11 of the Northern
Ireland Act 1998, respectively. The power must be exercised within four weeks of the
Bill passing its final stage in the relevant devolved legislature.</p><p> </p><p>The
Law Officers exercise this power where we believe that a Bill, or a provision of a
Bill, is outside the legislative competence of the relevant devolved legislature.
The parameters of the devolved legislatures’ competence are set out in the relevant
Acts of Parliament which have devolved various policy areas. The power in each case
is discretionary and exercised in accordance with the wider public interest.</p><p>Turning
to the particular Act of the Scottish Parliament to which the question refers, the
UK Withdrawal from the European Union (Continuity) (Scotland) Bill passed its final
stage in the Scottish Parliament on 22 December 2020. Having taken all relevant matters
into consideration, the Law Officers decided that in all the circumstances to use
their discretion not to refer the UK Withdrawal from the European Union (Continuity)
(Scotland) Bill to the Supreme Court.</p>
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