Section 6(4)

But— the Supreme Court is not bound by any assimilated EU case law, the High Court of Justiciary is not bound by any assimilated EU case law when— sitting as a court of appeal otherwise than in relation to a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) or a devolution issue (within the meaning given by paragraph 1 of Schedule 6 to the Scotland Act 1998), or sitting on a reference under section 123(1) of the Criminal Procedure (Scotland) Act 1995, a relevant court or relevant tribunal is not bound by any assimilated EU case law so far as is provided for by regulations under subsection (5A), and no court or tribunal is bound by any assimilated domestic case law that it would not otherwise be bound by.

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Source: legislation.gov.uk · retrieved 2026-07-30