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The Scottish Government must back up it's claims that an independent Scotland would remain part of the EU.
That according to the Prime Minister's most senior Scots legal adviser. The Advocate General Lord Wallace says an Independent Scotland may have to re-apply as a new state.
He cited precedent from several non-EU states that have separated to support his argument that Scotland would lose EU membership.
It is unclear whether the Scottish Government has sought legal advice to back up its EU assertion because ministers have gone to court to prevent the public knowing if it exists.