London Daily

Focus on the big picture.
Thursday, Aug 20, 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
Prince Harry and Meghan to Move Back to Britain With Their Children
England and Wales Have Fewer Than 1,800 Prison Places Left for Men
Suspected People Smuggler Arrested After Investigation Identified Him
Children's Doctors Warn That Vaping Can Lead Young People to Smoking
Hundreds of Thousands of Students Receive GCSE and Vocational Results Across England, Wales and Northern Ireland
Here Is What Can Never Happen in Your Country: Taiwan Is Giving Money to All Its People Because It Collected Too Much Tax
UK Inflation Rises to 2.9% as Energy Bills Jump
UK Issues New Conduct Guide for Asylum Seekers on Consent and Respect
Moderna Shares Surge After Positive Personalized Skin Cancer Trial Results
UK Markets Watch US National Debt Surpass Forty Trillion Dollars
UK Broadcasters Urge Government to Invest in Digital Participation and Broadband
CVC Capital Partners and Standard Life Launch Two Billion Pound Pension Risk Transfer Venture
UK Private Sector Productivity Growth Accelerates in Second Quarter
UK Foreign Secretary Ed Miliband Condemns Israeli E1 Settlement Tender
UK Watchdog Investigates Trainline, Virgin Atlantic and RED Driving School Over Hidden Fees
Prince Harry and Meghan Markle Plan Move to Private Home Outside London
UK Retail Sentiment Improves as Summer Spending Boosts Consumer Confidence
UK Aid Cuts Draw Warnings From Charities Over Humanitarian Consequences
UK Financial Conduct Authority Issues Guidance for Motor Finance Redress Scheme
UK Met Office Launches Aviation Programme to Reduce Climate Impact of Persistent Contrails
Former UK Civil Service Chief Received Record 500,000 Pound Severance Payment
West Midlands to Bring Bus Network Under Public Franchising Model
UK Government Drops Plan to Relax Affordable Housing Requirements After Backlash
UK Reaffirms Military Support for Ukraine Despite Russian Hybrid Warfare Threats
UK Technology Sector Expands Nearly 8 Percent as Digital Industry Outpaces Wider Economy
UK Drought Threatens Harvests Across England and Wales as Food Inflation Risks Persist
UK Government Pledges 442 Million Pounds to End Rough Sleeping by Christmas
UK Government Signals Willingness to Reconsider Digital Services Tax Amid US Tariff Threats
UK Inflation Rises to 2.9 Percent as Energy Costs Threaten Economic Recovery
NHS Hospitals Cancel Surgeries as Extreme Heat Pushes Ward Temperatures Above 40 Degrees Celsius
UK Heatwave Forces Emergency Measures as Wildfire Risk, Hospital Disruption and Drought Intensify
A Sleepless Night on Wall Street: Nasdaq to Begin Nearly Round-the-Clock Trading
"The First in the World": 69-Year-Old Protested Artificial Intelligence—and Went to Jail
Ukraine's Ousted Defence Minister Calls for Wartime Presidential Election
UK Marks Ten Years of Night Tube as London Weekend Usage Exceeds Eighty-One Thousand Journeys a Night
Met Office Issues Thunderstorm Warnings Across Northern Ireland Over Flash-Flood Risk
Frasers Group Raises Stake in Hugo Boss to Nearly Forty-Eight Percent
Scottish Clyde Marine Pilots Prepare for Strike That Could Disrupt Glasgow and Greenock Shipping
Twenty Passengers Injured After Southern Train Derails Near Lewes in East Sussex
Government Rules Out High-Speed Rail Revival Between West Midlands and Northern England
West Midlands Bus Network Returns to Public Ownership in Twenty-Four Million Pound Deal
UK Competition Watchdog Targets Trainline, Virgin Atlantic and RED Driving School Over Drip Pricing
Northern Ireland Health Minister Mike Nesbitt Resigns After Dispute Over Causeway Hospital Surgery Closure
UK Long-Term Government Bond Yields Rise to Five Point Eight Five Percent as Borrowing Costs Surge
UK Government Overhauls Planning Rules to Push Housing Development Near Major Transport Hubs
UK Health and Economic Pressures Highlight Wider Strain on Households and Public Finances
UK Prime Minister Andy Burnham Reaffirms Full Support for Ukraine Amid Russian Warnings
Sainsbury’s Suspends Live Facial Recognition at London Store After Customer Misidentified
Artists Urge UK Prime Minister Andy Burnham to Reject New North Sea Oil and Gas Licensing
UK Government Awards Four Hundred and Fifty-Six Million Pound Civil Service Training Contract to EY and KPMG
×