Legislative Consent Motion from the Scottish Parliament

E1009597

A Legislative Consent Motion from the Scottish Parliament is a formal mechanism by which the Parliament agrees that the UK Parliament may legislate on devolved matters affecting Scotland.

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Observed surface forms (1)

Statements (48)

Predicate Object
instanceOf constitutional convention mechanism
formal motion
parliamentary procedure
alsoKnownAs Sewel Motion NERFINISHED
appliesTo United Kingdom Parliament legislation
basedOn Sewel Convention NERFINISHED
bindingStatus not legally binding on the UK Parliament
politically significant
canBeIntroducedBy committee convener in certain circumstances
characteristic expresses consent or refusal rather than drafting detailed legislative text
normally considered at committee stage before a plenary vote
country United Kingdom
decisionMaker Members of the Scottish Parliament NERFINISHED
documentType motion text recorded in the Scottish Parliament’s Official Report
effectIfRefused UK Parliament may still legislate as a matter of law
creates political and constitutional controversy if UK Parliament proceeds regardless
governedBy Standing Orders of the Scottish Parliament NERFINISHED
introducedBy Scottish Government minister
jurisdiction Scotland
language English
legalBasis Scotland Act 1998 framework NERFINISHED
outcome consent granted
consent granted in part or with qualifications (political, not legally binding on UK Parliament text)
consent refused
precondition UK Bill contains provisions within or affecting devolved competence
purpose to allow the UK Parliament to legislate on devolved matters with Scottish Parliament’s consent
to record the Scottish Parliament’s view on UK Bills affecting devolved competence
recordedIn Scottish Parliament Business Bulletin NERFINISHED
Scottish Parliament Official Report (Hansard equivalent) NERFINISHED
relatedConcept Scotland Act 2012 NERFINISHED
Scotland Act 2016 NERFINISHED
devolution settlement
intergovernmental relations in the UK
legislative competence
relatesTo devolved matters
reserved and devolved legislative competence
requires a memorandum explaining the UK Bill’s impact on devolved matters
a vote of the Scottish Parliament
debate in the Scottish Parliament
scope provisions in UK Bills altering the executive competence of Scottish Ministers
provisions in UK Bills relating to devolved matters
subclassOf legislative consent procedure
parliamentary motion in a devolved legislature
timeOfUse during passage of a UK Bill through the UK Parliament
usedBy Scottish Parliament NERFINISHED
usedFor UK Bills that alter the legislative competence of the Scottish Parliament
UK Bills that confer new functions on Scottish Ministers
UK Bills that make provision in devolved areas with practical effect in Scotland

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Sewel Convention requires Legislative Consent Motion from the Scottish Parliament