PART 4Amendments to the Environmental Liability (Scotland) Regulations 2009: exiting the European Union
4
1
The Environmental Liability (Scotland) Regulations 2009 are amended as follows.
2
For regulation 3 substitute—
3
For the purposes of these Regulations, a reference in any EU instrument referred to in these Regulations—
a
to the “European Union” or otherwise to the area to which that instrument applies is to be taken to include the United Kingdom,
b
to a “Member State” is to be taken to include the United Kingdom.
3
In regulation 4 (application)—
a
in paragraph (1)(b)(i), for “Article 4(7) of Directive 2000/60/EC” substitute “regulations 8 or 9 of the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 201330”,
b
in paragraph (1)(b)(ii), after “addressed through” insert “the retained EU law which implemented”,
c
in paragraph (5)(b), for “or higher, including the European Union” substitute “, or national or by reference to the natural range of the species”.
4
In regulation 15 (co-operation between competent authorities)—
a
in paragraph (1)(a), for “another” substitute “a”,
b
omit paragraph (3)(a).
5
In schedule 1 (activities for the purposes of regulation 4(1))—
a
after the heading, insert—
A1Interpretation
A reference in this schedule to an activity being authorised, prohibited or managed pursuant to, or subject to a permit, authorisation or registration under, a Directive includes, on or after exit day, any activity authorised, prohibited or managed pursuant to, or subject to a permit, authorisation or registration under, any retained EU law which transposed that Directive.
b
in paragraph 11, after “the European Union” insert “or into or out of the United Kingdom”.