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32(1)Section 1 (application of Part 1 of the Act) is amended as follows.
(2)In subsection (1)—
(a)in paragraph (b), after “day” insert “, in the case of Scottish instruments made as mentioned in paragraph (a) or (b) of the definition of “Scottish instrument” in subsection (4),”, and
(b)after paragraph (b) (but before the “and” at the end of that paragraph) insert—
“(ba)Scottish instruments made on or after exit day, in the case of Scottish instruments made as mentioned in paragraph (c) or (d) of the definition of “Scottish instrument” in subsection (4),”.
(3)In subsection (4)—
(a)omit the “or” at the end of paragraph (a), and
(b)after paragraph (b) insert—
“(c)an Act of the Scottish Parliament (whenever passed) and any retained direct EU legislation (whenever made), or
(d)an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed) and any retained direct EU legislation (whenever made).”
(4)After subsection (9) insert—
“(10)In this section “exit day” (and related expressions) and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).”
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