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The Lord Advocate’s written case in the matter of a Reference by the Lord Advocate to the Supreme Court under paragraph 34 of schedule 6 to the Scotland Act 1998.
Reference to the Supreme Court: Publication of the Lord Advocate's Written Case
The case on whether the question for a referendum on Scottish Independence contained in the proposed referendum Bill relates to reserved matters has been referred to the Supreme Court using the Lord Advocate’s statutory power to refer devolution issues under the Scotland Act. The Lord Advocate’s written case sets out both sides of the arguments in line with the Law Officers’ statutory role acting in the public interest. However, the Lord Advocate will represent the Scottish Government’s interests at the hearing and will argue the case personally.
The Supreme Court has refused the Advocate General’s request for directions for parties to file cases limited to the question of whether the Court should accept the reference, and the next step will be for the Advocate General’s full written case to be filed by 9 August dealing with all matters in the Reference so that the court can consider everything in a single hearing. The Supreme Court has provisionally set the date of the hearing for 11-12 October 2022.