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Scottish Statutory Instruments

2021 No. 304 (C. 18)

Constitutional Law

Exiting The European Union

Environmental Protection

The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Commencement No. 2) Regulations 2021

Made

6th September 2021

Laid before the Scottish Parliament

8th September 2021

Coming into force

1st October 2021

The Scottish Ministers make the following Regulations in exercise of the power conferred by section 51(2) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021(1).

Citation and commencement

1.  These Regulations may be cited as the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Commencement No. 2) Regulations 2021 and come into force on 1 October 2021.

Appointed day

2.  1 October 2021 is the day appointed for the coming into force of the following provisions in the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021—

(a)sections 19 to 46 (environmental governance),

(b)schedule 1 (Environmental Standards Scotland),

(c)schedule 2 (Environmental Standards Scotland: strategy).

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

6th September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the second set of commencement regulations made by the Scottish Ministers under section 51 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (“the Act”) and bring into force certain provisions of the Act on 1 October 2021.

Regulation 2 brings Chapter 2 of Part 2 and schedules 1 and 2 of the Act into force.

Chapter 2 of Part 2 and schedules 1 and 2 of the Act provide for a new system of environmental governance for Scotland and establishes a new Scottish public body, Environmental Standards Scotland, and gives it a range of functions and powers.

The Bill for the Act received Royal Assent on 29 January 2021. In accordance with section 51(1) of the Act, sections 48 to 53 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 have been brought into force by commencement regulations made before the date of these Regulations—

ProvisionDate of CommencementInstrument Number
Part 129 March 2021S.S.I. 2021/141
Section 1329 March 2021S.S.I. 2021/141
Section 15 (partially)29 March 2021S.S.I. 2021/141
Section 1829 March 2021S.S.I. 2021/141
Section 4729 March 2021S.S.I. 2021/141