Agriculture (Retained EU Law and Data) (Scotland) Act 2020

24 Interpretation and effect

(1) A reference in this Act to any EU regulation (within the meaning of Article 288 of the Treaty on the Functioning of the European Union) is a reference to the EU regulation as it forms part of domestic law by virtue of—

(a) section 3 of the European Union (Withdrawal) Act 2018,

(b) section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, or

(c) such other enactment as the Scottish Ministers may by regulations specify.

(2) In so far as any provision of this Act, or any provision made under it, would, if it were in force before the relevant time, be incompatible with EU law, the provision is to have no effect until the relevant time.

(3) In this section—

• “EU law” has the same meaning as in the Scotland Act 1998 (see section 126(9) of that Act),

• the “relevant time”, in relation to any provision of this Act or any provision made under it, means the time at which the provision of EU law with which it would be incompatible ceases to have effect in Scots law as a consequence of UK withdrawal from the EU,

• “UK withdrawal from the EU” means the withdrawal of the United Kingdom from the EU in consequence of the notification given under section 1 of the European Union (Notification of Withdrawal) Act 2017.

(4) Regulations under subsection (1)(c) are subject to the negative procedure.