I.D.F.A. v Scottish Ministers [2008] CSOH 87

16 June 2008

This Judicial Review discusses whether a Scottish Statutory Instrument is ultra vires. Similar secondary legislation had been made in England and Wales and in Northern Ireland. The petitioners argued that the SSI did not correctly transpose an EU Directive into domestic law insofar as it did not allow for a 2 year transitional period within which to allow compliance with certain labelling requirements. The petitioners accordingly sought partial reduction of the SSI. The argument focuses on the construction of the EU Directive which the SSI sought to give effect to. The Lord Ordinary decided that the petitioners' construction was correct and that the SSI was ultra vires to the limited extent contended for. The case has been continued to discuss what orders should be pronounced by the Court having regard, inter alia, to the provisions of s.102(2)(b) of the Scotland Act 1998.

Morag Ross appeared as junior Counsel for the petitioners. Ruth Crawford appeared for the Scottish Ministers. Sarah Wolffe appeared for the Advocate General.

http://www.scotcourts.gov.uk/opinions/2008CSOH87.html