Legal battle over regiment merger

The proposed merger has provoked an angry response

Supporters of the King's Own Scottish Borderers have mounted a legal challenge over its proposed merger with the Royal Scots.

They have lodged a petition at Edinburgh Sheriff Court which claims the move is illegal.

The KOSB was founded after an act of parliament in 1689 and the challenge claims if a law was required to create it, one is also needed to scrap it.

Westminster's legal representative in Scotland has three weeks to respond.

The KOSB and the Royal Scots are to merge and join four infantry regiments as part of a new Scottish super-regiment.

Infantry restructuring

As part of the reforms of the UK's infantry, Defence Secretary Geoff Hoon said the merged KOSB and Royal Scots would be combined with the Black Watch, the Argyll and Sutherland Highlanders, the Royal Highland Fusiliers and the Highlanders in a new Royal Regiment of Scotland.

Mr Hoon and army chiefs said the changes were needed to the structure of the infantry to ensure commitments could be met in the 21st century.

However, supporters of the legal challenge claim the original act which created the King's Own Scottish Borderers has not been rescinded and therefore Mr Hoon has no constitutional right to amalgamate the regiments.

The act gave the Earl of Leven the power to raise a body of men to defend Edinburgh from Jacobite invaders from the north.

Advocate general

A writ has been served on Advocate General Linda Clarke, who is the UK Government's legal representative in Scotland.

About 2,000 people marched through Edinburgh in December in protest at the proposed merger.

Save The Scottish Regiments has warned the government it faces a sustained campaign against the move.