KOSB Association takes TCH to court


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Regiments Merger Plans Face Legal Challenge

Government plans to merge the King’s Own Scottish Borderers and the Royal Scots in a controversial shake-up of historic infantry regiments are being challenged in the courts, it was confirmed today.

Defence Secretary Geoff Hoon announced to Parliament in December that Scotland’s six single-battalion infantry regiments would be restructured to form a five-battalion “super-regiment”.

The KOSB and the Royal Scots will be brought together to form one battalion of the new Royal Regiment of Scotland, along with battalions of the Black Watch, the Argyll and Sutherland Highlanders, the Royal Highland Fusiliers and the Highlanders.

But the Edinburgh branch of the KOSB Association has lodged a petition at the city’s sheriff court claiming the merger plan is outwith Mr Hoon’s powers.

Members argue that since the KOSB was founded in 1689 by an order of the old pre-Union Scots Parliament that was never rescinded, an act of Parliament would be required to disband the regiment.

The order enabled the Earl of Leven to raise a regiment to defend Edinburgh from the Jacobites on March 18 1689.

The Advocate General for Scotland Lynda Clark QC – the UK Government’s adviser on Scots law and legal representative north of the border – has 21 days to respond to the writ, which was lodged on February 7.

A spokesman for the Keep Our Scottish Battalions campaign group today confirmed that the proceedings were under way.

“The Branch of the Association seeks the protection of the Scottish courts in upholding the validity of legislation passed by the Scots Parliament in March 1689 in obedience to which the King’s Own Scottish Borderers was lawfully established,” he said.

Mr Hoon confirmed the Ministry of Defence’s restructuring plans on December 16 when he insisted change was essential to provide a more “agile, flexible and deployable” Army capable of meeting the evolving strategic challenges of the post-9/11 era.

The plan includes cutting the number of infantry battalions across the UK from 40 to 36, with the amalgamation of the Army’s smaller regiments into a series of regional “super regiments”.

Opponents of the plans have vowed to target high-profile Labour MPs in the general election, including placing a candidate in the East Kilbride constituency of armed forces minister Adam Ingram.

The Save the Scottish Regiments campaign group said it will have nine other candidates running in marginal seats, while elsewhere they are urging voters to back other parties most likely to unseat Labour.

An MOD spokesman said no date had been set for the merger, saying operational movements were a main determinant of when restructuring went ahead.

It will be interesting to see how this goes.


Hark - Do I hear the sound of dead horses being flogged???
chimera said:
Hark - Do I hear the sound of dead horses being flogged???
Dunno, are you an Englishman?
Dead horses or not it's going to take another Act of Parliament to rescind the one from 1689 authorising the raising of the 25th of Foot. How wonderfully original of the KOSB, got to admire their tenacity, though weren't they always so? Hope they succeed.
RCSignals said:
If they are successful, it also would seem to effect other Regiments such as the Royal Scots, the Cameronians, and have deeper implications for Scotland generally.

RCSignals' reference to "the Cameronians" may raise a few eyebrows, but in fact he is perfectly correct. IF the court action succeeds, and if (as the KOSB campaigners imply) the Cameronians were also formed under a pre-1707 Act of the Scots Parliament, there may logically be implications for that long-disappeared Regiment also.

Not wishing to take anything away from the KOSB campaigners' court action. It's ingenious and interesting, and at minimum helps to publicise their cause. The 1707 "Treaty of Union" (the correct term in Scots Law, so I am told) contained provisions to preserve existing laws north of the border.

Some attempts to rely on Scots statutes long fallen into disuse have not, however, succeeded. For example, I have read that there was an old Scots Act which granted shareholders of the Bank of Scotland the right of citizenship, but if that still applied I expect Mr al Fayed would have used it.

No doubt the KOSB campaigners will maintain that as the Regiment has never been amalgamated, the Act authorising it has not fallen into disuse.
This will be of special interest if the KOSB can drag this along in the headlines up to the general election this year.

It would be great to see the Labour candidates squirming on this issue. Remember that a doctor won a parliamentary seat when he stood as an independent on the solitary issue of closing a local hospital.

If the KOSB are putting up candidates vs Labour here and all Labour MPs are facing competition wherever there is an airport due to the controversial expansion plans that everyone is opposed to, there could be some fascinating election fights ahead.

What about an independent coalition coming to power and forming a government ??????????????

Interesting post!

Off-topic sorry, but as you will have seen my "signature of the day", can I take it that the pdf format leaflet has now reached Baghdad, or wherever you are at present?


Roger, that is fir-cone helpful (to coin a phrase I saw somewhere) :lol:

now returning this topic to the studio...
Hack - you gag thief !!!!!!!!!!!!

before the moderator "uproots" that post, I must point out that "sprouts" are vegetables, and therefore completely off-topic

apologies to the 25th of Root

sorry, I must stop this, have been up since 0530 doing fecking electoral registration

good luck The Edinburgh Regiment

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