http://www.legislation.gov.uk/ssi/2013/177The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013texttext/xmlenEUROPEAN UNIONStatute Law Database2023-08-30Expert Participation2022-01-01 These Regulations make amendments in consequence of the Treaty concerning the accession of the Republic of Croatia to the European Union, signed at Brussels on 9th December 2011 (OJ No L 112, 24.04.2012). 2013 No. 177European UnionThe European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013Made28th May 2013Laid before the Scottish Parliament30th May 2013Coming into force1st July 2013The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.Citation, commencement and extent11These Regulations may be cited as the European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 and come into force on 1st July 2013.2These Regulations extend to Scotland and insofar as they extend beyond Scotland they do so only as a matter of Scots law.Amendment of the European Communities (Services of Lawyers) Order 19782In article 2 (interpretation) of the European Communities (Services of Lawyers) Order 1978 , in the table, after the entry relating to Bulgaria insert—
CroatiaOdvjetnik/Odvjetnica
.Amendment of the European Communities (Lawyer's Practice) (Scotland) Regulations 20003In regulation 2(4) (interpretation) of the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 , in the table, after the entry relating to Romania insert—
CroatiaOdvjetnik/Odvjetnica
.Further amendments4The Schedule (which makes further amendments which are consequential to the accession of Croatia to the European Union) has effect.Transitional Provision51In this regulation—a“the 2000 Regulations” means the European Communities (Lawyer's Practice) (Scotland) Regulations 2000; andb“relevant lawyer” means a European lawyer (as defined in regulation 2(1) of the 2000 Regulations as amended by these Regulations) who satisfies either or both of the conditions set out in paragraph (2).2Those conditions are—athat the person is a national of Croatia;bthat the person is authorised in Croatia to pursue professional activities under any of the professional titles appearing in regulation 2(4) of the 2000 Regulations as it is amended by these Regulations, opposite the name of that State.3Regulation 1(2) to (5) of the 2000 Regulations applies to a relevant lawyer with the following modifications—afor “22nd May 2000”, where it occurs in paragraph (2), substitute “ 1st July 2013 ”;bfor “21st November 2000”, wherever it occurs, substitute “ 31st December 2013 ”; andcfor “22nd November 2000”, wherever it occurs, substitute “ 1st January 2014 ”.4Regulations 21(1)(b) and (2) (offence of pretending to be a registered European lawyer) and 22 (fees, awards, outlays and expenses of an unregistered European lawyer) of the 2000 Regulations apply to a relevant lawyer only from 1st January 2014.FIONA HYSLOP A member of the Scottish Government
St Andrew's House,
Edinburgh
28th May 2013SCHEDULE Regulation 4Local Government (Scotland) Act 19731In the Local Government (Scotland) Act 1973 , in section 97 (establishment of Commission for Local Authority Accounts in Scotland), for subsection (7A) substitute—7AIn subsection (7), “EEA State” means a member State, Norway, Iceland or Lichtenstein..National Health Service (Scotland) Act 19782In the National Health Service (Scotland) Act 1978 —afor “EEA state” wherever it occurs substitute “ EEA State ”; andbin section 108 (interpretation and construction), in subsection (1), at the appropriate alphabetical place insert—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.Roads (Scotland) Act 19843In the Roads (Scotland) Act 1984 , in section 20B (projects with significant transboundary effects), for subsection (8) substitute—8In this section, “EEA State” means a member State, Norway, Iceland or Lichtenstein..Public Finance and Accountability (Scotland) Act 20004In the Public Finance and Accountability (Scotland) Act 2000 , in section 21 (audit of accounts)—ain subsection (5), the words following paragraph (b) are repealed; andbafter subsection (5) insert—6In this section, “EEA State” means a member State, Norway, Iceland or Lichtenstein..Regulation of Care (Scotland) Act 20015In the Regulation of Care (Scotland) Act 2001 , in section 77 (interpretation), at the appropriate alphabetical place insert—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 19896In the National Health Service (Charge to Overseas Visitors) (Scotland) Regulations 1989 —ain regulation 1(2) (citation, commencement and interpretation)—iin the definitions of “member of the family” and “refugee”, for “a Member State” substitute “ an EEA State ”;iiomit the definition of “Member State”; andiiiat the appropriate alphabetical place insert—“EEA State” means a member State, Norway, Iceland or Lichtenstein;;bin regulation 4(1) (overseas visitors exempt from charges)—iin sub-paragraph (l), for “Member State”, substitute “ EEA State ”; andiiin sub-paragraphs (m) and (p) for “a Member State” substitute “ an EEA State ”;cin regulation 4A (exemption from charges during long term visits by United Kingdom pensioners), for “member State” on both occasions it occurs, substitute “ EEA State ”; anddin regulation 5 (exemption from charges for treatment the need for which arose during the visit), for “a Member State” on each occasion it occurs, substitute “ an EEA State ”.The Environmental Impact Assessment (Scotland) Regulations 19997In the Environmental Impact Assessment (Scotland) Regulations 1999 , in regulation 2(1) (interpretation), for the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Environmental Impact Assessment (Forestry) (Scotland) Regulations 19998In the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999 , in regulation 2(1) (interpretation), for the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Water Supply (Water Quality) (Scotland) Regulations 20019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Education (Assisted Places) (Scotland) Regulations 200110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The St Mary's Music School (Aided Places) (Scotland) Regulations 200111In the St Mary's Music School (Aided Places) (Scotland) Regulations 2001 , in Schedule 1, in paragraph 1(1) (interpretation)—aomit the definition of “EEA Agreement”; andbfor the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Kava-kava in Food (Scotland) Regulations 200212In the Kava-kava in Food (Scotland) Regulations 2002 , in regulation 2 (interpretation)—aomit the definition of “EEA Agreement”; andbfor the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 200313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Meat Products (Scotland) Regulations 200414In the Meat Products (Scotland) Regulations 2004 , in regulation 2 (interpretation), for the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 200415In the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 , in regulation 2 (interpretation), for the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Jam and Similar Products (Scotland) Regulations 200416In the Jam and Similar Products (Scotland) Regulations 2004 , in regulation 2(1) (interpretation)—aomit the definition of “EEA Agreement”; andbfor the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The National Health Service (General Ophthalmic Services) (Scotland) Regulations 200617In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 , in regulation 2(1) (interpretation), for the definition of “EEA state” substitute—“EEA state” means a member State, Norway, Iceland or Lichtenstein;.The Education (Student Loans for Tuition Fees) (Scotland) Regulations 200618In the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 , in regulation 2(1) (interpretation), after the definition of “EEA self-employed person” insert—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Firefighters' Compensation Scheme (Scotland) Order 200619In the Firefighters' Compensation Scheme (Scotland) Order 2006 , in Schedule 1, (the Firefighters' Compensation Scheme (Scotland)), in paragraph 2(1), after the definitions of “disabled”, “disablement” and “permanent disablement” insert—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200620In the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 , in regulation 2(1) (interpretation), for the definition of “EEA State” substitute—“EEA State” means a member State, Norway, Iceland or Lichtenstein;.The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 201121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(This note is not part of the Regulations)

These Regulations make amendments in consequence of the Treaty concerning the accession of the Republic of Croatia to the European Union, signed at Brussels on 9th December 2011 (OJ No L 112, 24.04.2012).

Regulation 2

Regulation 2 implements the adaptations to Article 1(2) of Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ No L 78, 26.03.77, p.17-18) made by Council Directive.

It amends the definition of “European lawyer” in the European Communities (Services of Lawyers) Order 1978 (“the 1978 Order”) to include a reference to Croatia and the national designations of lawyers in that country. The effect of the amendment is to confer certain rights to practise on a temporary basis as a lawyer on lawyers professionally qualified in Croatia.

Regulations 3 and 5

Regulation 3 implements the adaptations to Article 1(2) of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practise of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ No L 77, 14.03.98, p.36-43), made by Council Directive.

It amends the definition of “European lawyer” in the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 (the “2000 Regulations”) to include a reference to Croatia and the national designations of lawyers in that country. The effect of the amendment is to confer certain rights to practise on a permanent basis as a lawyer on persons who are nationals of an EU or EEA State or Switzerland and who are authorised to practise in Croatia, and nationals of Croatia who are authorised to practise in one of those States.

Regulation 5 makes transitional provision as to the application of the 2000 Regulations as amended by regulation 3.

Regulation 4

Regulation 4 gives effect to the further amendments made to primary and secondary legislation by the Schedule. Those amendments are made so as to ensure that certain definitions of “EEA State” which are used will incorporate a reference to Croatia following its accession to the European Union.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the Scotland Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act.S.I. 1978/1910, amended by S.I. 1980/1964, 1981/228 (N.I.8), 2004/1117 and 2008/81 and S.S.I. 2004/186 and 2007/359.S.S.I. 2000/121, amended by S.S.I. 2004/302 and 2007/358.1973 c.65. Section 97(7A) was inserted by section 53 of the Local Government in Scotland Act 2003 (asp 1).1978 c.29.1984 c.54. Section 20B was inserted by regulation 49 of the Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1).2000 asp 1. Section 21 was amended by paragraph 27 of Schedule 1 to the Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948).2001 asp 8. Section 77 was amended by paragraph 9 of Schedule 1 to the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2010/211).S.I. 1989/364.S.S.I. 1999/1.S.S.I. 1999/43.S.S.I. 2001/223.S.S.I. 2002/523.S.S.I. 2004/6.S.S.I. 2004/114.S.S.I. 2004/133.S.S.I. 2006/135.S.S.I. 2006/333.S.S.I. 2006/338.S.S.I. 2006/582.Sch. 1 para. 9 revoked (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 50(2)(d) (with reg. 1(3)(4))Sch. 1 para. 10 revoked (8.10.2015) by The Education (Assisted Places) (Scotland) Revocation Regulations 2015 (S.S.I. 2015/318), reg. 1, sch.Sch. 1 para. 21 revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 60(9), sch. 6 (with regs. 2(10), 38, 39, 40, 60(7))Sch. para. 13 revoked (1.1.2022) by The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/412), reg. 1(2), sch. para. 1