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UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

Section 4 – Duration of the section 1(1) power

41.Section 4 provides that the power under section 1(1) expires and is no longer available to the Scottish Ministers six years after it comes into force. The Scottish Ministers may, by regulations subject to the affirmative procedure, extend that period. The power to extend may be exercised more than once but the period may not be extended beyond a maximum of 10 years from the date the power under section 1(1) comes into force.

42.Subsection (5) clarifies that although the power under section 1 expires, the regulations made under the power do not expire.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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