Regulation in Scotland and Wales after Brexit

Abstract

ABSTRACT While the United Kingdom was a member of the EU, a number of regulatory competences were shared between the EU and devolved authorities in Scotland, Wales and Northern Ireland. As Northern Ireland is governed by the Protocol, which requires dynamic alignment with most EU regulations, it is a case apart and this article deals only with Scotland and Wales. Where repatriated competences should go after Brexit has been a matter of political contention. Attempts to centralise at the UK level have been rebuffed so far but tensions remain. Common Frameworks are designed to deal with shared competencies but are inconsistent and work best with technical matters. UK measures regarding the application of international trade agreements, the EU Internal Market Act, legislation on subsidy control and professional qualifications undermine the regulatory autonomy of Scotland and Wales. The real test will come if the UK diverges radically from EU regulations while the devolved governments resist.