About our Section 35 News
Latest news on Section 35 of the Scotland Act 1998, a 'veto' power given to the Secretary of State for Scotland to prevent the Scottish Parliament from passing a bill that would be incompatible with the UK's international obligations or not in the interests of national defense, or would modify the law on reserved matters in such a way as to have an “adverse effect” on the operation of the law as it applies to reserved matters. The UK Government has decided to use this power to 'veto' the Gender Recognition Reform (Scotland) Bill, which is the first time this power has been used. Similar powers for the Secretaries of State for Wales and Northern Ireland exist but have never been used. If a section 35 order is made, it cannot be overturned by the Scottish Parliament, and the Scottish Government could challenge the UK Government's decision via judicial review.