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Committee reports Date published: 6 March 2026

Report on the Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026 [draft] - Consideration by the Delegated Powers and Law Reform Committee

It states that it is intended to achieve equivalence with the meaning of sex in the Equality Act 2010, as determined by the Supreme Court in For Women Scotland v Scottish Ministers [2025] UKSC 16.
SPICe briefings Date published: 14 October 2025

Contract (Formation and Remedies) (Scotland) Bill - Interpretation of contract

This was due, in part, to the developments stemming from the decision of Lord Hoffman in the English ICS case at the House of LordsiInvestors Compensation Scheme Ltd v West Bromwich Building Society [1997] UKHL 28 which allowed courts a wider use of “context” to interpret legal documents.
Committee reports Date published: 30 April 2025

Stage 1 report: Assisted Dying for Terminally Ill Adults (Scotland) Bill - Legal and human rights considerations

In a recent challenge – of R (Nicklinson and another) v Ministry of Justice ([2014] UKSC 38) – a majority of judges declined to declare the law in England and Wales incompatible with Article 8 of the ECHR.
SPICe briefings Date published: 29 April 2025

The UK Employment Rights Bill - What the Bill would do (Part 4 and schedule 6)

Clause 73 of the Bill would amend Part V (Industrial Action) of the 1992 Act to widen protections for workers from detriment as a result of taking industrial action.
SPICe briefings Date published: 27 June 2022

Judicial Review - Key stages of a judicial review action

Edinburgh: W Green. but not intended to be an 'insurmountable barrier'.2Wightman v The Advocate General [ 2018 ] CSIH 18 2018 S.C. 388; 2018 S.L.T. 356; 2018 S.C.L.R. 588; [2018] 3 WLUK 461; 2018 G.W.D. 11-129 [2018] C.L.Y. 2736. (2018, March 20).
SPICe briefings Date published: 15 October 2021

COVID-19 and Lesbian, Gay, Bisexual, Trans (LGBT+) Life in Scotland - What do we already know about COVID-19 and Lesbian, Gay, Bisexual, Trans (LGBT+) life internationally?

In outlining the lack of protection and increased harm to LGBT+ people, Banerjee and Nair state that ‘the COVID-19 pandemic might be yet another global eye-opener to include them in the public health system, protect them from the viral crisis, and improve their quality of life, before it is too late’. 2Banerjee, D., & Nair, V. (2020). “The Untold S...
SPICe briefings Date published: 11 March 2020

Defamation and Malicious Publication (Scotland) Bill - Balancing human rights

However, a right to protection of reputation has been found by the European Court of Human Rights to be part of the right to respect for private life1Pfeifer v Austria. (2007). Application no. 12556/03.
SPICe briefings Date published: 13 January 2020

Access to EU funding as a third country - Future ETC programmes and UK participation

uri=COM%3A2018%3A374%3AFIN</a> [accessed 3 December 2019] It was reported in a briefing in January 2019 that the European Parliament's Committee on Regional Development had proposed an increase in the ETC budget to €11.16 billion (in 2018 prices). 3Halleux, V. (2019, January). European territorial cooperation (Interreg)2021-2027.
SPICe briefings Date published: 26 July 2019

Anatomy of modern Free Trade Agreements - Mutual recognition

Financial future after Brexit: passporting v equivalence. Retrieved from <a href="https://www.ft.com/content/61221dd4-d8c4-11e6-944b-e7eb37a6aa8e" target="_blank">https://www.ft.com/content/61221dd4-d8c4-11e6-944b-e7eb37a6aa8e</a>
Committee reports Date published: 23 January 2019

Subordinate legislation considered by the Delegated Powers and Law Reform Committee on 22 January 2019 - Annex B

Reference is also made to Vibixa Ltd v Komori UK Ltd & Ors [2006] EWCA Civ 536 and in particular to the Court of Appeal’s conclusion at paragraph 13 that: “… General enabling words General enabling words in the preamble to a statutory instrument may be interpreted as referring to an enabling power, not expressly invoked, in situations such as the foll...

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