Scotland independence and priv travel

[Rover]

It's some time off yet but the Scottish nationalists have independence on the agenda again so in 2 to 3 years its a real possibility.

If they were to go their own way what would be the situation regarding priv travel in Scotland for protected and non-protected staff? Would Scotrail, Scottish Railways, Scottish Rail or whatever they will then be called have to honour previous agreements or could they just do whatever they want and say you can no longer have priv travel on our railway?

 

[the sniper]

It's some time off yet but the Scottish nationalists have independence on the agenda again so in 2 to 3 years its a real possibility.

If they were to go their own way what would be the situation regarding priv travel in Scotland for protected and non-protected staff? Would Scotrail, Scottish Railways, Scottish Rail or whatever they will then be called have to honour previous agreements or could they just do whatever they want and say you can no longer have priv travel on our railway?

Most of us non-protected priv holders would probably benefit, as if they leave they could join the more generous FIP scheme instead...

 

[IanXC]

This would be one of a list of matters to be negotiated, a list marginally longer than the one we have for our EU negotiation.

 

[Andrew1395]

The situation would be that the 1993 Railways Act would not be law in Scotland, so the new government would need to put in place arrangements for Rail pensions and Safeguarded travel for Scottish recipients. I expect that they would want a reciprocal arrangements with the UK based on existing situation for existing safeguarded. For Scottish railways to get any FIP they would need to join the UIC, and presumably they could agree what discount and free travel they would offer to each administration as happens now. Obviously non safeguarded in England would only get FIP in Scotland and vice versa. If it comes to that I think discounted travel would be the least of our worries.

 

[Flying Snail]

Priv is cross accepted with Irish Rail so the precedent is there, as above it would be a matter for negotiation.

 

[Agent_c]

The situation would be that the 1993 Railways Act would not be law in Scotland.

If that is law today, theres no reason at all to believe it would not be law on Independence day. It would only change if there was a specific law changing it later.

I expect it would just continue as it did before.

 

[DaveNewcastle]

The situation would be that the 1993 Railways Act would not be law in Scotland, so the new government would need to . . . .

It is only very rarely that I read such confident predictions of statutory disapplication following a constitutional change!
What do you know about the certainty of disapplication of UK statutes and common law that is already assured?

 

[Andrew1395]

The 1993 Railways Act applies to the United Kingdom. If does not apply outside the United Kingdom. If Scotland ceases to be part of the United Kingdom. It's not a constitutional change it's a change of Nation State.

 

[Agent_c]

The 1993 Railways Act applies to the United Kingdom. If does not apply outside the United Kingdom. If Scotland ceases to be part of the United Kingdom. It's not a constitutional change it's a change of Nation State.

You seem to be a little confused.

Scottish Independence doesn't mean the law of the land suddenly stops and needs to be replaced. If it did, it would mean living in complete anarchy for weeks.

What changes is who can make, repeal, and change the law. Just like changing a TOC doesn't suddenly change what the driver has for lunch.

What is in place remains in place, until or unless the Independent Scottish Parliament says otherwise.

 

[greatkingrat]

Even the Republic of Ireland still has many UK laws in effect from pre-independence.

 

[AlterEgo]

Even the Republic of Ireland still has many UK laws in effect from pre-independence.

No, it doesn't.

Just because the law says the same thing doesn't make it a "UK law". See Irish Shell v Elm Motors.