Imperial Tobacco Ltd, Re Judicial Review: SCS 30 Sep 2010

(Opinion) The petitioner sought review of the 2010 Act, saying that its provisions related to matters reserved to the UK parliament by the 1998 Act, and were therefore outwith the powers granted to the Scottish Parliament.
Held: The petition for judicial review was rejected. None of the appellants’ challenges to the legislative competence of the Scottish Parliament to pass sections 1 and 9 of the 2010 Act were well founded.
Lord Bracadale
[2010] ScotCS CSOH – 134, 2010 SLT 1203, 2010 GWD 32-655
Tobacco and Primary Medical Services (Scotland) Act 2010 1(1) 9, Scotland Act 1998 29(1)
Cited by:
OpinionImperial Tobacco Ltd v The Lord Advocate SC 12-Dec-2012
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject . .

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Updated: 28 February 2021; Ref: scu.425209