Act of Union 1707

The Act of Union 1707 (formally the Union with Scotland Act 1706 in England, and the Union with England Act 1707 in Scotland) united the Kingdom of England and the Kingdom of Scotland into a single Kingdom of Great Britain. The Act abolished the Scottish Parliament and Estates and created the Parliament of Great Britain, with 45 Scottish MPs in the House of Commons and 16 Scottish peers in the House of Lords. It guaranteed the preservation of the Scottish legal system, the Church of Scotland, and Scottish courts. The Act established a common citizenship and created a single economic union with uniform customs and trade policies. The Union has been described as an incorporating union, meaning Scotland retained its distinct legal, educational, and religious institutions while surrendering its political sovereignty. The Act remains a fundamental part of the UK’s uncodified constitution.

Legal area: Constitutional law establishes the framework of government and the fundamental principles by which a state is governed, including the relationship between different branches of government and the rights of citizens.

Citation: Act of Union 1707 (1707 c 7)

Full text: https://www.legislation.gov.uk/ukpga/1707/7

Key Provisions

• Article I: Union of the two kingdoms into one kingdom called Great Britain
• Article II: Succession to the monarchy according to the Act of Settlement 1701
• Article III: Creation of a single Parliament of Great Britain
• Article XVIII: Scots private law to remain in force subject to alteration for evident utility
• Article XIX: Court of Session and other Scottish courts to remain
• Article XXV: All laws contrary to the Union articles to be void

Significance

The Act of Union 1707 created the British state and established the constitutional framework for relations between England and Scotland. It guaranteed the continued distinctiveness of Scots law, which remains a mixed legal system combining civil law and common law traditions. The Act’s guarantee of the independence of the Scottish legal system has been described as an unalterable fundamental law. The Union created one of the most successful political and economic unions in history. The Act was modified by the Scotland Act 1998, which re-established the Scottish Parliament, and the Calman and Smith Commissions have further adjusted the constitutional settlement.