PART 3Amendments to primary legislation

The Aquaculture and Fisheries (Scotland) Act 2013I17

1

The Aquaculture and Fisheries (Scotland) Act 2013 M1 is amended as follows.

2

In section 53(1), in the definition of “sea fisheries legislation”, for paragraph (b) substitute—

b

any retained EU restrictions and retained EU obligations (within the meaning of schedule 1 of the Interpretation Act 1978 M2) relating to sea fishing.

3

In section 59(8), for paragraph (b) substitute—

b

retained direct EU legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) falling within section 3(2)(a) of that Act containing a retained EU obligation (within the meaning of schedule 1 of the Interpretation Act 1978) or a retained EU restriction

4

In section 63—

a

omit the definitions of “enforceable EU obligation” and “enforceable EU restriction”,

b

after the definition of “pathogen” insert—

retained EU restriction” means a restriction that—

a

was created or arose by or under the EU Treaties (within the meaning of schedule 1 of the Interpretation Act 1978) before exit day (within the meaning of section 20 of the European Union (Withdrawal) Act 2018), and

b

forms part of retained EU law (within the meaning of section 6(7) of the European Union (Withdrawal) Act 2018),

as modified from time to time,.