It's based on an interpretation -- chiefly, the extended line of succession to the British throne. Given that (say) Mark Lascelles remains excluded, despite having been legitimized through his parents' marriage, it follows that English rules apply even to Scotland, at least with respect to the crown -- whatever might be said about other issues.
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Are you sure about that? Can you provide a source to back up your statement?
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But Scotland incorporated England's rules, after the two crowns got united (in 1603).
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If British rules applied, exclusion applies even to persons legitimized after being born out-of-wedlock.
The law is different in Scotland.