SCHEDULE 5

Interpretation of Directives for the purposes of Part 1
PART 1

The Directive

Introduction
1
1
When interpreting the Directive for the purposes of Part 1 of this Act—
a
a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of Scotland,
b
a reference to Community legislation is to be read as a reference to
assimilated
law,
c
the Directive is to be read subject to the following rules.
2
In sub-paragraph 1(a)—
- “
exit day
” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018,
- “
relevant authority
” means—
  1. the Scottish Ministers,
  2. SEPA,
  3. any responsible authority.
Sch. 5 inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 2(6) (as amended by S.S.I. 2019/175, regs. 1(1)(b), 8(2)); 2020 c. 1, Sch. 5 para. 1(1)
Word in sch. 5 para. 1(1)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 4(2)(a)