Outcome 1 – Assessment
1. Business Law In the modern system of Scots law there are three sources of legislation which are binding the Scots law which include: •The first source of legislation of Scots law is Scottish legislation. When Scotland became the part of the United Kingdom, it lost the power to make the law without approval of Westminster parliament under special conditions. As a part of the United kingdom Scotland has a right to make the law under only certain legislations. Scottish parliament has power over matters such as: agriculture, forestry and fisheries, education and training, environment, health and social services, housing, law and order, local government, sports and arts, tourism and economic development and transport. The other matters are reserved for the Westminster parliament. The law in Scotland is coming from three sources the first source is UE law which have the highest priority, the second source is the UK law (passed by the UK Parliament – Westminster) which has a lower priority than UE law but higher priority than the last third source which is Scottish Legislation passed by Scottish Parliament (Holyrood). An example of Scottish legislation is Smoking, Health and Social Care (Scotland) Act 2005 •The second source of legislation of Scots law is Westminster Parliament which has more power to make the law than Scottish parliament, also, any law made by Scottish parliament can be rejected by Westminster parliament under special conditions which means if the Scottish legislation is in conflict with the UK law then the Scottish legislation would be rejected by the Westminster Parliament. The law in the Westminster parliament is passed by the House of Commons and House of Lords than is given the Royal Assent. Westminster parliament has a power to make law for other reserved matters which can`t be resolved by Scottish Parliament and these matters are: benefits and social security, immigration, defence, foreign policy,...
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