Water Environment and Water Services (Scotland) Act 2003 (asp 3)

[F1 SCHEDULE 5 S Interpretation of Directives for the purposes of Part 1

Textual Amendments

F1 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)

PART 1 S The Directive

Introduction S

1 (1) When interpreting the Directive for the purposes of Part 1 of this Act— S

(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 [F2 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—

  (a)

  the Scottish Ministers,

  (b)

  SEPA,

  (c)

  any responsible authority.]

Textual Amendments

F2 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)