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PART 5F19F20SMODIFICATION AND REVOCATION OF ENACTMENTS

F201972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c. 51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

Amendment of the Water Environment (Register of Protected Areas) (Scotland) Regulations 2004S

25.  In the Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 F1, in Part 1 of the Schedule—

(a)before paragraph 1, insert—

A1.  A description of all shellfish water protected areas.; and

(b)omit paragraph 2(a).

Amendment of the Marine Strategy Regulations 2010S

26.  In the Marine Strategy Regulations 2010 F2, in Schedule 2, omit “The Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997”.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2011S

27.  In the Water Environment (Controlled Activities) (Scotland) Regulations 2011 F3

(a)in relation 2(1) (interpretation)—

(i)for the definition of “the Directive” substitute—

the Directive” means the Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy F4, as it had effect immediately before it was amended by Directive 2013/39/EU of the European Parliament and of the Council F5;; and

(ii)omit the definition of “the Groundwater Directive 1980”;

(b)omit regulation 9 (groundwater directive);

(c)in Schedule 4 (relevant legislation)—

(i)omit “The Groundwater Directive 1980”;

(ii)after the entry “The Priority Substances Directive” insert the entry—

The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013;

(iii)omit “The Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997”; and

(iv)omit “The Surface Waters (Fishlife) (Classification) (Scotland) Regulations 1997”; and

(d)in Schedule 8 (register)—

(i)in paragraph 1(x), for “granted” substitute “ applied ”; and

(ii)omit paragraph 1(y).

F4OJ L 327, 22.12.2000, p.1, as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p.1), Directive 2008/32/EC (OJ L 81, 20.3.2008, p.60), Directive 2008/105/EC (OJ L 348, 24.12.2008, p.84), Directive 2009/31/EC (OJ L 140, 5.6.2009, p.114) and Directive 2013/39/EU (OJ L 226, 24.8.2013, p.1).

F5OJ L 226, 24.8.2013, p.1.

Amendment of salmon fishery district designation ordersS

28.  In Schedule 2 to each of the following Orders omit “The Salmon (Fish Passes and Screens) (Scotland) Regulations 1994”—

(a)The North and West Salmon Fishery District Designation Order 1999 F6;

(b)The Conon Salmon Fishery District Designation Order 1999 F7;

(c)The Lochaber Salmon Fishery District Designation Order 1999 F8;

(d)The Western Isles Salmon Fishery District Designation Order 2001 F9;

(e)The Mull Salmon Fishery District Designation (Scotland) Order 2002 F10; and

(f)The Wester Ross Salmon Fishery District Designation Order 2003 F11.

RevocationsS

29.—(1) The following are revoked—

(a)the Salmon (Fish Passes and Screens) (Scotland) Regulations 1994 F12;

(b)the Surface Waters (Fishlife) (Classification) (Scotland) Regulations 1997 F13;

(c)the Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2003 F14;

(d)the Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2007 F15;

(e)the Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997 F16; and

(f)the Surface Waters (Shellfish) (Classification) (Scotland) Amendment Regulations 2007 F17.

(2) Articles 14 to 19 of the Tweed Regulation Order 2007 F18 are, only in so far those articles extend to Scotland, revoked.