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Water Environment and Water Services (Scotland) Act 2003
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Water Environment and Water Services (Scotland) Act 2003, PART 2 is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 5 Part 2:
- s. 23(5) inserted by 2014 asp 3 sch. 3 para. 8(6)(b)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 23(5) inserted by 2014 asp 3 sch. 3 para. 8(6)(b)
[F1PART 2SThe Groundwater Directive
Textual Amendments
F1Sch. 5 inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 2(6) (as amended by S.S.I. 2019/175, regs. 1(1)(b), 8(2)); 2020 c. 1, Sch. 5 para. 1(1)
IntroductionS
17(1)When interpreting the Groundwater Directive for the purposes of Part 1 of this Act—S
(a)a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of Scotland,
(b)a reference to Community legislation is to be read as a reference to [F2assimilated] law,
(d)the Groundwater Directive is to be read subject to the following rules.
(2)In sub-paragraph 1(a)—
“exit day” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018,
“relevant authority” means—
(a)the Scottish Ministers,
(b)SEPA,
(c)any responsible authority.
Textual Amendments
Modifications to the ArticlesS
18SArticle 3(5) is to be read as if for “submitted” there were substituted “ produced ”.
19SArticle 5(4) and (5) is to be read as if for “submitted” there were substituted “ produced ”.
20SArticle 6(4) is to be read as if the words from “for the” to the end were omitted.
21SArticle 12 is to be ignored.
22SAnnex I is to be read as if—
(a)in footnote 1 to the table in paragraph 1, for “Article 2 of Directive 91/414/EEC and in Article 2 of Directive 98/8/EC” there were substituted “ Article 2 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC and in Article 3 of Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”,
(b)in paragraph 2, for “Directive 91/414/EEC or Directive 98/8/EC” there were substituted “ Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC or Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”.
23SAnnex II is to be read as if, in Part C—
(a)in the first paragraph, for “submitted” there were substituted “ produced ”,
(b)in the second paragraph—
(i)in the opening words, for “provide” there were substituted “ include ”,
(ii)in point (c)(iii), for “at national, Union or” there were substituted “ in [F3assimilated] law or other national legislation, or at ”.
Textual Amendments
Definition of [F4assimilated] lawS
Textual Amendments
24SFor the purposes of this Part, “[F5assimilated] law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018.]
Textual Amendments
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