Devolution cases

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Imperial Tobacco v Lord Advocate [2012] UKSC 61

Facts: The Appellants argued that certain provisions of the Tobacco and Medical Services (Scotland) Act 2012 were outside the competence of the Scottish Parliament as they were reserved matters. Another question arose as to whether a different method of interpretation applied to statutes made by devolved states (compared to the interpretation of Statutes made in the Westminster Parliament)

Held: It was held that the Scottish Parliament was within its competence in adopting the Tobacco and Medical Services (Scotland) Act 2012. Lord Hope also stated that “the statute must be interpreted like any other statute”: just because it is a devolution statute does not mean we should use a different method of interpretation

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