London Daily

Focus on the big picture.
Wednesday, Aug 05, 2026

Holyrood bills to be challenged by UK government

Holyrood bills to be challenged by UK government

The UK government is to challenge parts of two bills passed by the Scottish Parliament.

MSPs unanimously approved the bills relating to children's rights and local government last month.

But UK ministers are concerned the legislation could place obligations on them and, if so, would be beyond the scope of Holyrood's devolved powers.

The UK government is referring both to the UK Supreme Court for a ruling.

It means they will not receive royal assent, which allows them to become laws, until the UK's highest court has considered the challenge.

One of the bills incorporates the European Charter of Local Self-Government into Scots law, while the other seeks to incorporate the incorporate the UN Convention on the Rights of the Child (UNCRC).

After every bill is passed by the Scottish Parliament there is a four-week period where the UK government can consider whether to use powers in the Scotland Act 1998 to challenge the planned law.

Political reaction


Nicola Sturgeon has described the challenge as "jaw dropping".

In a tweet, the first minister added: "The UK Tory government is going to court to challenge a law passed by the Scottish Parliament unanimously.

"And for what? To protect their ability to legislate/act in ways that breach children's rights in Scotland.

"Politically catastrophic, but also morally repugnant."

But a UK government source said: "This delay to the legislation could easily have been avoided.

"Sadly, it appears the Scottish government are more interested in stirring a constitutional row than getting the UNCRC bill into law at the first opportunity."

A UK government spokesman said: "The UK government law officers' concerns are not about the substance of the legislation, rather whether parts are outwith the legislative competence of the Scottish Parliament."


To challenge the scope of Holyrood's law-making powers in the middle of an election campaign is a politically explosive decision by the UK government.

The timing was not entirely in their gift because the Scottish Parliament's decision to pass the two bills last month created a four-week window for them to consider action.

One UK government source told me the legal challenge was "regrettable" but "avoidable" if the Scottish government had listened to their concerns and made some changes.

The UK government insists it has no objection to the policy content of the bills, only to their potential to limit UK decision making in Scotland - which would be beyond Holyrood's powers.

An SNP source said changes were not required because the bills had passed the scrutiny of both Scottish government and Scottish Parliament lawyers.

Each side accuses the other of picking this fight. It will now be for the UK Supreme Court to settle - a process that will put the legislation on hold and fuel the constitutional debate in the Holyrood election campaign.

Newsletter

Related Articles

0:00
0:00
Close
Spain and Morocco Trade Blame After 72,000 Migrants Enter Ceuta
Met Police Investigated Journalist Who Questioned Cambridge Professor
Badenoch Defends Tory Candidate Jailed for Antisemitic Abuse of Luciana Berger
NHS Spends £240m a Year Storing Paper Records Despite Digital Push
Apple Seeks Court Order to Stop OpenAI Using Alleged Trade Secrets
Breaking With the Past: One of the World’s Smallest Countries Changes Its Name
AI Is Remaking the US Economy, From GDP Growth to iPhone Prices
Comcast: Tied to a Chair and Hit in the Face With Cake: The Regular Humiliation Ritual at the US Corporate Giant
Aston Martin Faces Legal Threat Over £550m Rescue Deal
Conservative Party and Reform UK Face Growing Scrutiny Over Political Transparency
GMB and Public Sector Unions Prepare for Wider Debate Over Government Priorities
UK Government Faces Pressure to Address National Water Infrastructure Failures
NHS Radiographers Report Rising Racist Abuse From Patients
Breast Cancer Experts Call for Overhaul of NHS Diagnostic Approach
UK Government Reviews Prison Policy After Debate Over Capacity and Public Safety
Nigel Farage Faces Questions Over Leadership Discussions and Five Million Pound Donation
Conservative Party Faces Candidate Controversy Over Former Antisemitic Activist
UK Energy Industry Pushes for Greater Role for Domestic Oil and Gas Production
Gatwick Expansion Debate Continues as Airport Prepares for Second Runway Construction
Reform UK Wants the Royal Navy to Return Channel Boats to France
Government Faces Pressure Over Charity Funding Linked to Illegal Israeli Settlements
UK Fire Chiefs Demand Ban on Disposable Barbecues During Severe Drought
Medical Review Warns Current Breast Cancer Guidelines Miss Many Young Women
NHS Mental Health Trust Announces Twenty-Five Million Pound Service Cuts
MI6 Rated Europe’s Most Capable Foreign Intelligence Service in International Review
UK Watchdog Finds Serious Failures in Electronic Offender Monitoring System
BP Chief Warns UK Must Protect Domestic Oil and Gas Capacity
Water Supply Crisis Threatens England’s Housing Expansion Plans
UK Government Rewrites Procurement Rules to Prioritise Jobs Over Environmental Targets
English Channel Rescue Operation Saves One Hundred Seventy-Three Migrants After Boat Capsizes
Gatwick Airport Wins Legal Approval for Second Runway Expansion
UK Government Tightens Early Prison Release Scheme After Public Backlash Over Offender Freedoms
US and Japan Step In to Support the Yen in Rare Joint Intervention
The AI Pricing Problem: Companies Cannot Predict Their Own Bills
Europe’s Heat and Drought Are Now Disrupting Power, Shipping and Tourism
Apple’s OpenAI Lawsuit Becomes a Public Fight Over AI Hardware
UK Man Jailed After Keeping His Mother’s Body in a Freezer and Claiming £78,000
A SpaceX Rocket Is About to Crash Into the Moon — and Scientists Hope to Watch
World War II munitions discovered after wildfires in southern France
BP profits reach four-year high amid Middle East conflict
Europe’s Drying Rivers Trigger Power Cuts, Factory Shutdowns and Wildfire Emergencies
UK Driver Sentenced to Four Years for Staged Electric Vehicle Brake Failure Fraud
Conservative Party and Reform UK Face Scrutiny During Clacton By-Election Campaign
Ministry of Justice Reviews Early Release Rules After Public Anger Over Police Killer Cases
NHS Radiographers Report Rising Racist Abuse From Patients Across UK Hospitals
UK Banking Regulators Face Pressure After Customer Loses Fourteen Thousand Pounds in AI Voice Scam
Research Challenges Treasury Control Over UK Public Spending and Calls for Greater Local Decision-Making
Home Office Begins Four-Week Weapons Surrender Campaign Across Major English Cities
Southern England Records Driest July in Nearly Two Centuries as Drought Concerns Grow
Apple Challenges UK Government Request for Access to Encrypted User Data in Legal Fight
×