Draft Regulations laid before the Scottish Parliament under paragraph 7(1) of schedule 5 of the Retained EU Law (Revocation and Reform) Act 2023 for approval by resolution of the Scottish Parliament.
2023 No.
The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 19(1) of the Retained EU Law (Revocation and Reform) Act 20231 and all other powers enabling them to do so.
In accordance with paragraph 7(1) of schedule 5 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and extent 1
1
These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 and come into force on 1 January 2024.
2
These Regulations extend to Scotland and the Scottish zone, and insofar as they extend beyond Scotland and the Scottish zone they do so only as a matter of Scots law.
3
In paragraph (2), “Scotland” and “the Scottish zone” have the same meaning as in section 126(1) and (2) of the Scotland Act 19982.
Amendments of primary legislation 2
Schedule 1 of these Regulations (amendments of primary legislation) has effect.
Amendments of secondary legislation 3
Schedule 2 of these regulations (amendments of secondary legislation) has effect.
SCHEDULE 1Amendments of primary legislation
The Prescription and Limitation (Scotland) Act 1973 1
1
The Prescription and Limitation (Scotland) Act 19733 is amended as follows.
2
In section 23A(5)—
a
in the definition of “the Rome I Regulation”, for “retained direct EU” substitute “assimilated direct”
,
b
in the definition of “the Rome II Regulation”, for “retained direct EU” substitute “assimilated direct”
.
The Roads (Scotland) Act 1984 2
In paragraph 6 of schedule 1A of the Roads (Scotland) Act 19844, for “retained EU” substitute “assimilated”
.
The Freedom of Information (Scotland) Act 2002 3
1
The Freedom of Information (Scotland) Act 20025 is amended as follows.
2
In section 26(b), for “EU” substitute “assimilated”
,
3
In section 45(2)(c)(ii) for “EU” substitute “assimilated”
.
The Water Environment and Water Services (Scotland) Act 2003 4
1
The Water Environment and Water Services (Scotland) Act 20036 is amended as follows.
2
In Part 1 of schedule 5—
a
in paragraph 1(1)(b), for “retained EU” substitute “assimilated”
,
b
in paragraph 2(a), for “retained EU” substitute “assimilated”
,
c
in paragraph 4(b), for “retained EU” substitute “assimilated”
,
d
in paragraph 4(c), for “retained EU” substitute “assimilated”
,
e
in paragraph 5(b), for “retained EU” substitute “assimilated”
,
f
in paragraph 7(a), for “retained EU” substitute “assimilated”
,
g
in paragraph 7(b), for “retained EU” substitute “assimilated”
,
h
in paragraph 11(a)(i), for “retained EU” substitute “assimilated”
,
i
in paragraph 11(a)(ii), for “retained EU” substitute “assimilated”
,
j
in paragraph 11(b)(i), for “retained EU” substitute “assimilated”
,
k
in paragraph 12(a)(i), for “retained EU” substitute “assimilated”
,
l
in paragraph 12(a)(ii), for “retained EU” substitute “assimilated”
,
m
in paragraph 12(a)(iii)(A), for “retained EU” substitute “assimilated”
,
n
in paragraph 12(a)(iii)(B), for “retained EU” substitute “assimilated”
,
o
in paragraph 13(d), for “retained EU” substitute “assimilated”
,
p
in paragraph 13(e), for “retained EU” substitute “assimilated”
,
q
in paragraph 15, for “retained EU” substitute “assimilated”
,
r
in the italic heading before paragraph 16, for “retained EU” substitute “assimilated”
,
s
in paragraph 16, for “retained EU” substitute “assimilated”
.
3
In Part 2 of schedule 5—
a
in paragraph 17(1)(b), for “retained EU” substitute “assimilated”
,
b
in paragraph 23(b)(ii), for “retained EU” substitute “assimilated”
,
c
in the italic heading before paragraph 24, for “retained EU” substitute “assimilated”
,
d
in paragraph 24, for “retained EU” substitute “assimilated”
.
4
In Part 3 of schedule 5—
a
in paragraph 27(b), for “retained EU” substitute “assimilated”
.
b
in the italic heading before paragraph 30, for “retained EU” substitute “assimilated”
,
c
in paragraph 30, for “retained EU” substitute “assimilated”
.
The Environmental Assessment (Scotland) Act 2005 5
1
The Environmental Assessment (Scotland) Act 20057 is amended as follows.
2
In section 5(3)(b), for “retained EU” substitute “assimilated”
.
3
In the heading before section 13, for “retained EU” substitute “assimilated”
.
4
In section 13(1), for “retained EU” substitute “assimilated”
.
5
In section 13(2), for “retained EU” substitute “assimilated”
.
6
In section 14(4), for “retained EU” substitute “assimilated”
.
7
In schedule 2, paragraph 1(e), for “retained EU” substitute “assimilated”
.
8
In schedule 3, paragraph 4, for “retained EU” substitute “assimilated”
.
The Animal Health and Welfare (Scotland) Act 2006 6
In schedule 1 of the Animal Health and Welfare (Scotland) Act 20068—
a
in the italic heading before paragraph 1, for “retained EU” substitute “assimilated”
,
b
in paragraph 1(1), for “retained EU” substitute “assimilated”
.
The Flood Risk Management (Scotland) Act 2009 7
1
The Flood Risk Management (Scotland) Act 20099 is amended as follows.
2
In section 6A(2)(b), for “retained EU” substitute “assimilated”
.
3
In section 6A(7)(a), for “retained EU” substitute “assimilated”
.
4
In section 23(2)(d)(vi), for “retained EU” substitute “assimilated”
.
5
In section 51(1), for “retained EU” substitute “assimilated”
.
6
In Part 1 of schedule 1, in paragraph 4—
a
in sub-paragraph (a) for “retained EU” substitute “assimilated”
,
b
in sub-paragraph (b) for “retained EU” substitute “assimilated”
,
c
in sub-paragraph (c) for “retained EU” substitute “assimilated”
,
d
in sub-paragraph (d) for “retained EU” substitute “assimilated”
.
The Marine (Scotland) Act 2010 8
In section 79(5) of the Marine (Scotland) Act 201010, for “retained EU” substitute “assimilated”
.
The Aquaculture and Fisheries (Scotland) Act 2013 9
1
The Aquaculture and Fisheries (Scotland) Act 201311 is amended as follows.
2
In section 53(1), in paragraph (b) of the definition of “sea fisheries legislation”, for “retained EU” in both places where it occurs substitute “assimilated”
.
3
In section 59(8)(b)—
a
for “retained direct EU” substitute “assimilated direct”
,
b
for “retained EU” in both places where it occurs substitute “assimilated”
.
4
In section 63—
a
before the definition of “British sea-fishery officer”, insert—
“assimilated restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before IP completion day, and
- b
forms part of assimilated law,
as modified from time to time,,
b
repeal the definition of “retained EU restriction”.
The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 10
In the heading before Part 1 of the Agriculture (Retained EU Law and Data) (Scotland) Act 202012, for “retained EU” substitute “assimilated”
.
The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 11
1
The UK Withdrawal from the European Union (Continuity) (Scotland) Act 202113 is amended as follows.
2
In section 1(1)(a)(iv), for “retained EU” substitute “assimilated”
.
3
In section 9(2)(d), for “retained EU” substitute “assimilated”
.
SCHEDULE 2Amendments of secondary legislation
The Urban Waste Water Treatment (Scotland) Regulations 1994 1
1
The Urban Waste Water Treatment (Scotland) Regulations 199414 are amended as follows.
2
In regulation 5(8), in the definition of “appropriate treatment”, for “retained EU” substitute “assimilated”
.
3
In Part 1 of schedule 1, in sub-paragraph (c), for “retained EU” substitute “assimilated”
.
4
In Part 1 of schedule 3, in paragraph 4, for “retained EU” substitute “assimilated”
.
5
In schedule 4, for “retained EU” substitute “assimilated”
.
The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 2
1
The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 200215 are amended as follows.
2
In regulation 29A(7)(b), for “retained EU” substitute “assimilated”
.
3
In regulation 29A(7)(e), for “retained EU” substitute “assimilated”
.
4
In schedule 1, paragraph 6(4)(a)(i), for “retained EU” substitute “assimilated”
.
5
In schedule 1, paragraph 6(4)(b)(i), for “retained EU” substitute “assimilated”
.
6
In schedule 3, paragraph 12(a), for “retained EU” substitute “assimilated”
.
The Landfill (Scotland) Regulations 2003 3
1
The Landfill (Scotland) Regulations 200316 are amended as follows.
2
In regulation 10(3)(b)(i), for “retained EU” substitute “assimilated”
.
3
In regulation 11(2A)(b), for “retained EU” substitute “assimilated”
.
The Food Supplements (Scotland) Regulations 2003 4
In regulation 5(2)(a) of the Food Supplements (Scotland) Regulations 200317, for “retained EU” substitute “assimilated”
.
The Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 5
1
The Water Environment (Register of Protected Areas) (Scotland) Regulations 200418 are amended as follows.
2
In Part 1 of schedule 1(1)—
a
in paragraph 2(b), for “retained EU” substitute “assimilated”
.
b
in paragraph 2(c)(i), for “retained EU” substitute “assimilated”
.
c
in paragraph 2(c)(ii), for “retained EU” substitute “assimilated”
.
d
in paragraph 3, for “retained EU” substitute “assimilated”
.
The Fodder Plant Seed (Scotland) Regulations 2005 6
In regulation 2(1) of the Fodder Plant Seed (Scotland) Regulations 200519 for “retained EU” substitute “assimilated”
.
The Food Hygiene (Scotland) Regulations 2006 7
In schedule 2 of the Food Hygiene (Scotland) Regulations 200620, in the entry relating to Article 6(1) of Regulation 852/2004, for “retained EU” substitute “assimilated”
.
The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 8
In regulation 24(1)(b) of the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 200621, for “retained EU” substitute “assimilated”
.
The Welfare of Animals (Transport) (Scotland) Regulations 2006 9
In regulation 23(d) of the Welfare of Animals (Transport) (Scotland) Regulations 200622, for “retained EU” substitute “assimilated”
.
The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 10
In paragraph 6 of schedule 1 of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 200723 for “retained EU” substitute “assimilated”
.
The Bathing Waters (Scotland) Regulations 2008 11
In regulation 4(9)(a) of the Bathing Waters (Scotland) Regulations 200824, for “retained EU” substitute “assimilated”
.
The Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 12
In regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 200825, for “retained direct EU” substitute “assimilated direct”
.
The Environmental Liability (Scotland) Regulations 2009 13
1
The Environmental Liability (Scotland) Regulations 200926 are amended as follows.
2
In regulation 4(1)(b)(ii), for “retained EU” substitute “assimilated”
.
3
In schedule 1, paragraph A1, for “retained EU” substitute “assimilated”
.
The Law Applicable to Contractual Obligations (Scotland) Regulations 2009 14
In regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 200927, for “retained direct EU” substitute “assimilated direct”
.
The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009 15
In column 2 of the table set out in the schedule of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 200928, in both places it occurs, for “retained EU” substitute “assimilated”
.
The INSPIRE (Scotland) Regulations 2009 16
In regulation 13(6) of the INSPIRE (Scotland) Regulations 200929, for “retained EU” substitute “assimilated”
.
The Official Feed and Food Controls (Scotland) Regulations 2009 17
In regulation 4(4) of the Official Feed and Food Controls (Scotland) Regulations 200930, for “retained EU” substitute “assimilated”
.
The Management of Extractive Waste (Scotland) Regulations 2010 18
1
The Management of Extractive Waste (Scotland) Regulations 201031 are amended as follows.
2
In regulation 2(1), in the definition of “unpolluted soil”, for “retained EU” substitute “assimilated”
.
3
In regulation 5(3)(b), for “retained direct EU” substitute “assimilated direct”
.
4
In regulation 12(2), for “retained direct EU” substitute “assimilated direct”
.
5
In regulation 13(1), for “retained direct EU” substitute “assimilated direct”
.
6
In regulation 13(5), for “retained direct EU” substitute “assimilated direct”
.
7
In regulation 14(b), for “retained direct EU” substitute “assimilated direct”
.
8
In regulation 23(4)(b), for “retained direct EU” substitute “assimilated direct”
.
9
In schedule 1—
a
in paragraph (a)(iii), for “retained direct EU” substitute “assimilated direct”
,
b
in paragraph (b), for “retained direct EU” substitute “assimilated direct”
.
The Air Quality Standards (Scotland) Regulations 2010 19
In regulation 2A(2)(h) of the Air Quality Standards (Scotland) Regulations 201032, for “retained EU” substitute “assimilated”
.
The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010 20
1
The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 201033 are amended as follows.
2
In regulation 2A(3)(b), for “retained EU” substitute “assimilated”
.
3
In regulation 10A(2)(b), for “retained EU” substitute “assimilated”
.
4
In schedule 2, in Part 2, paragraph 5(2), for “retained EU” substitute “assimilated”
.
The Waste Management Licensing (Scotland) Regulations 2011 21
1
The Waste Management Licensing (Scotland) Regulations 201134 are amended as follows.
2
In regulation 13(2)(b), for “retained EU” substitute “assimilated”
.
3
In regulation 17(8)(b), for “retained EU” substitute “assimilated”
.
The Trade in Animals and Related Products (Scotland) Regulations 2012 22
1
The Trade in Animals and Related Products (Scotland) Regulations 201235 are amended as follows.
2
In regulation 13(1), for “retained direct EU” substitute “assimilated direct”
.
3
In regulation 13(4)(c), for “retained direct EU” substitute “assimilated direct”
.
4
In regulation 13(4)(e), for “retained direct EU” substitute “assimilated direct”
.
5
In schedule 2, paragraph 10A(2)(c), for “retained direct minor EU” substitute “assimilated direct minor”
.
The Pollution Prevention and Control (Scotland) Regulations 2012 23
1
The Pollution Prevention and Control (Scotland) Regulations 201236 are amended as follows.
2
In regulation 2(1), in the definition of “environmental quality standard”, for “retained EU” substitute “assimilated”
.
3
In regulation 3A(1), in the definition of “Chapter IV Plant”, for “retained EU” substitute “assimilated”
.
4
In regulation 29(3)(a), for “retained EU” substitute “assimilated”
.
5
In regulation 29(3)(d), for “retained EU” substitute “assimilated”
.
6
In regulation 29(3)(f), for “retained EU” substitute “assimilated”
.
7
In regulation 30(2)(b), for “retained EU” substitute “assimilated”
.
8
In regulation 36(4)(b)(ii), for “retained EU” substitute “assimilated”
.
9
In regulation 63(3)(a), for “retained EU” substitute “assimilated”
.
10
In schedule 1B, paragraph 1(7)(b), for “retained EU” substitute “assimilated”
.
11
In schedule 4, paragraph 3(d), for “retained EU” substitute “assimilated”
.
The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 24
1
The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 201337 are amended as follows.
2
In regulation 2(1),
a
after the definition of “artificial or heavily modified body of surface water”, insert—
“assimilated law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018
b
omit the definition of “retained EU law”.
3
In regulation 3(1)(c), in both places it occurs, for “retained EU” substitute “assimilated”
.
4
In regulation 10(b), for “retained EU” substitute “assimilated”
.
5
In regulation 13(1)(a), for “retained EU” substitute “assimilated”
.
6
In regulation 13(1)(j)(iv), for “retained EU” substitute “assimilated”
.
7
In regulation 14(1)(f)(ii), for “retained EU” substitute “assimilated”
.
8
In regulation 24(3), for “retained EU” substitute “assimilated”
.
The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 25
1
The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 201338 are amended as follows.
2
In regulation 7(b), for “retained EU” substitute “assimilated”
.
The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 26
1
The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 201339 are amended as follows.
2
In regulation 2(5), for “retained EU” substitute “assimilated”
.
3
In regulation 14, for “retained EU” substitute “assimilated”
.
4
In regulation 17(2), for “retained EU” substitute “assimilated”
.
The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 27
1
The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 201540 are amended as follows.
2
In regulation 22(4), in the definition of “relevant plan or programme”—
a
in sub-paragraph (a), for “retained EU” substitute “assimilated”
,
b
in sub-paragraph (b), for “retained EU” substitute “assimilated”
.
The Sea Fishing (EU Control Measures) (Scotland) Order 2015 28
1
The Sea Fishing (EU Control Measures) (Scotland) Order 201541 is amended as follows.
2
In article 2(1), in the definition of “control measure”, for “retained EU” substitute “assimilated”
.
3
In article 2(1), in the definition of “third country control measure”, for “retained EU” substitute “assimilated”
.
The Public Contracts (Scotland) Regulations 2015 29
1
The Public Contracts (Scotland) Regulations 201542 are amended as follows.
2
In regulation 43—
a
in paragraph (8), for “retained EU” substitute “assimilated”
,
b
in paragraph (10), for “retained EU” substitute “assimilated”
.
The Utilities Contracts (Scotland) Regulations 2016 30
1
The Utilities Contracts (Scotland) Regulations 201643 are amended as follows.
2
In regulation 58—
a
in paragraph (8), for “retained EU” substitute “assimilated”
,
b
in paragraph (10), for “retained EU” substitute “assimilated”
.
The Procurement (Scotland) Regulations 2016 31
In regulation 11(8) of the Procurement (Scotland) Regulations 201644, for “retained EU” substitute “assimilated”
.
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 32
1
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 201745 are amended as follows.
2
In regulation 30(2)(b), for “retained EU” substitute “assimilated”
.
3
In regulation 60(6A)(h)(ii), for “retained EU” substitute “assimilated”
.
4
In schedule 3, paragraph 2(c)(vi), for “retained EU” substitute “assimilated”
.
5
In schedule 4, paragraph 8, for “retained EU” substitute “assimilated”
.
The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 33
1
The Forestry (Environmental Impact Assessment) (Scotland) Regulations 201746 are amended as follows.
2
In regulation 2(1), in the definition of “Union legislation”, for “retained EU” substitute “assimilated”
.
3
In schedule 3, paragraph 6, for “retained EU” substitute “assimilated”
.
4
In schedule 3, paragraph 9, for “retained EU” substitute “assimilated”
.
The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 34
1
The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 201747 are amended as follows.
2
In regulation 24(2)(b), for “retained EU” substitute “assimilated”
.
3
In schedule 3, paragraph 2(c)(vi), for “retained EU” substitute “assimilated”
.
4
In schedule 4, paragraph 6, for “retained EU” substitute “assimilated”
.
5
In schedule 4, paragraph 9, for “retained EU” substitute “assimilated”
.
The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 35
1
The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 201948 are amended as follows.
2
In regulation 21(3), in the definition of “plant health derogation”, for “retained EU” substitute “assimilated”
.
3
In regulation 37(1)(g), for “retained direct EU” substitute “assimilated direct”
.
4
In regulation 42(2)(b), in both places it occurs, for “retained EU” substitute “assimilated”
.
5
In schedule 3, in the heading, for “retained direct EU” substitute “assimilated”
.
The Environmental Authorisations (Scotland) Regulations 2018 36
1
The Environmental Authorisations (Scotland) Regulations 201849 are amended as follows.
2
In regulation 2(1)—
a
before the definition of “authorise”, insert—
“assimilated law” has the same meaning as in section 6(7) of the European Union (Withdrawal) Act 2018
b
omit the definition of “retained EU law”.
3
In regulation 37(2), for “retained EU” substitute “assimilated”
.
The Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 37
In paragraph 11(3)(a) of schedule 4 of the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 202050, for “Retained EU” substitute “assimilated”
.
The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 38
1
The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 202051 are amended as follows.
2
In regulation 6(1), for “RDEUL” substitute “assimilated direct legislation”
.
3
In regulation 6(2), for “RDEUL” substitute “assimilated direct legislation”
.
4
In regulation 6(4)—
a
for “RDEUL” substitute “assimilated direct legislation”
,
b
for “retained direct EU” substitute “assimilated direct”
.
5
In the heading before regulation 7, for “retained direct EU” substitute assimilated direct”.
6
In regulation 7, for “retained direct EU” substitute “assimilated direct”
.
The Education (Fees) (Scotland) Regulations 2022 39
In regulation 2(1) of the Education (Fees) (Scotland) Regulations 202252, in the definition of “EEA agreement”, for “retained direct EU” substitute “assimilated direct”
.
The Student Support (Scotland) Regulations 2022 40
In regulation 2(1) of the Student Support (Scotland) Regulations 202253, in the definition of “EEA agreement”, for “retained direct EU” substitute “assimilated direct”
.
The Feed Additives (Authorisations) (Scotland) Regulations 2022 41
1
The Feed Additives (Authorisations) (Scotland) Regulations 202254 are amended as follows.
2
In regulation 9(1), for “retained direct EU” substitute “assimilated direct”
.
3
In regulation 11, for “retained direct EU” substitute “assimilated direct”
.
4
In the table set out in schedule 11, in the entry for “Analytical methods”, omit “retained”.
5
In schedule 12, in the heading, for “retained direct” substitute “assimilated direct”
.
(This note is not part of the Regulations)