<p>The short articles in this special section explore the implications for the future governance of Scotland of key provisions in the <a href="https://vlex.co.uk/vid/scotland-act-2016-808434845">Scotland Act 2016</a>. Chris Himsworth discusses the “constitutional clauses”: section 1, declaring the permanence of the devolved institutions, and section 2 which puts the Sewel Convention on a statutory footing. Paul Reid examines the Scottish Parliament's newly-acquired powers over its own elections and composition, while David Cabrelli looks at its enhanced powers in relation to equalities. Sandra Eden and Tom Mullen consider the Act's most significant provisions in practical terms, namely those relating to taxation and welfare respectively. Aileen McHarg discusses devolution of the Crown Estate in Scotland, Gavin Little considers other new energy policy competences and, finally, Mary Neal explores the future of abortion law in Scotland, which was a belated addition to the devolution package.</p>
<p>The enactment of <a href="https://vlex.co.uk/vid/scotland-act-2016-808434845">the 2016 Act</a> was the somewhat unexpected conclusion to the Scottish independence referendum held on 18 September 2014. Having been presented with a binary choice between independence or the constitutional <italic>status quo</italic>, voters ended up with an option which was not on the ballot paper (but which was present throughout the independence debate): a substantial revision to the devolution settlement involving considerable new powers for the Scottish Parliament and Scottish Ministers, and an enhanced constitutional status for devolution.<xref ref-type="fn" rid="fn1"><sup>1</sup></xref> These would, according to the UK Government, deliver a “powerhouse Parliament”<xref ref-type="fn" rid="fn2"><sup>2</sup></xref> and “an enduring constitutional settlement” for Scotland within the UK.<xref ref-type="fn" rid="fn3"><sup>3</sup></xref></p>
<p>Nevertheless, with the ink barely dry on <a href="https://vlex.co.uk/vid/scotland-act-2016-808434845">the 2016 Act</a> and its provisions not yet fully in force, the question of Scotland's constitutional future is firmly back on the political agenda. This is thanks to the decision in the referendum of 23 June 2016 by a narrow but clear majority of voters across the UK to leave the European Union, while 62% of voters in Scotland chose to remain. The EU referendum took place just as this special section was being finalised, and so its implications are not yet clear at the time of writing. However, the prospect of a second independence referendum, or a radically reformed constitutional settlement whereby Scotland (and Northern Ireland) can remain within the EU whilst still remaining part of the UK, is being widely discussed. The <a href="https://vlex.co.uk/vid/scotland-act-2016-808434845">Scotland Act 2016</a> may therefore prove to be a short-lived staging post on the way...</p>
