The Lord Advocate – Scotland’s most senior law officer – will lodge the application as soon as the UK government lodges its appeal against a High Court ruling preventing them from using the royal prerogative to begin the process of the UK leaving the EU.

The outcome of the High Court’s decision is that the UK government must seek the permission of the UK parliament before it can trigger Article 50. The aim is to appeal to the Supreme Court by early December and the PM, Theresa May, is committed to starting negotiations by 31 March 2017.

The Scottish government believes that the Scottish parliament should also be formally consulted.

First Minister Nicola Sturgeon said: ‘The Scottish government is clear that triggering Article 50 will directly affect devolved interests and rights in Scotland. And triggering Article 50 will inevitably deprive Scottish people and Scottish businesses of rights and freedoms which they currently enjoy.

‘It simply cannot be right that those rights can be removed by the UK government on the say-so of a Prime Minister without parliamentary debate, scrutiny or consent.

‘So legislation should be required at Westminster and the consent of the Scottish parliament should be sought before Article 50 is triggered. I recognise and respect the right of England and Wales to leave the European Union. This is not an attempt to veto that process.

‘But the democratic wishes of the people of Scotland and the national parliament of Scotland cannot be brushed aside as if they do not matter.’

The majority of Scots voted to remain in the EU by a margin of 24 points.

‘So the Prime Minister needs to live up to her promise to treat Scotland as an equal partner in the United Kingdom and listen to the will of the people of Scotland,’ added Sturgeon.