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SCHEDULES

SCHEDULE 3U.K.Further amendments of devolution legislation and reporting requirement

Part 3 U.K.Other amendments of devolution legislation

Scotland Act 1998U.K.

6U.K.The Scotland Act 1998 is amended as follows.

Commencement Information

I1Sch. 3 para. 6 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

7U.K.In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.

Commencement Information

I2Sch. 3 para. 7 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

8U.K.In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—

(a)omit “or the European Parliamentary Elections Act 2002”, and

(b)omit “, European Parliamentary elections”.

Commencement Information

I3Sch. 3 para. 8 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

9(1)Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.U.K.

(2)In subsection (2)—

(a)after paragraph (a) insert “ and ”, and

(b)omit paragraph (c) and the “and” before it.

(3)In subsection (3), omit paragraph (b) and the “and” before it.

(4)In subsection (5)(a)—

(a)omit “or the European Parliamentary Elections Act 2002”, and

(b)omit “, European Parliamentary elections”.

Commencement Information

I4Sch. 3 para. 9 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

10U.K.In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Commencement Information

I5Sch. 3 para. 10 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

11U.K.Omit section 34 (ECJ references).

Commencement Information

I6Sch. 3 para. 11 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

12(1)Section 36 (stages of Bills) is amended as follows.U.K.

(2)In subsection (4), omit paragraph (b) but not the “or” at the end of it.

(3)In subsection (5)(a), omit “, (b)”.

Commencement Information

I7Sch. 3 para. 12 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

13(1)Section 57 (EU law and Convention rights) is amended as follows.U.K.

(2)In the heading—

(a)omit “EU law and”, and

(b)after “rights” insert “ and retained EU law ”.

(3)Omit subsection (1).

Commencement Information

I8Sch. 3 para. 13 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

14(1)Section 80D (Scottish taxpayers) is amended as follows.U.K.

(2)In subsection (4)—

(a)insert “ or ” at the end of paragraph (a), and

(b)omit paragraph (b) and the “or” at the end of it.

(3)In subsection (4B), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I9Sch. 3 para. 14 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

15U.K.In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I10Sch. 3 para. 15 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

16(1)Section 82 (limits on salaries of members of the Parliament) is amended as follows.U.K.

(2)In subsection (1)—

(a)insert “ or ” at the end of paragraph (za), and

(b)omit paragraph (b) and the “or” before it.

(3)In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “ (1)(za) or (a) ”.

Commencement Information

I11Sch. 3 para. 16 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

17(1)Section 106 (power to adapt functions) is amended as follows.U.K.

(2)In subsection (5), for “an obligation under EU law” substitute “ a retained EU obligation ”.

(3)Omit subsection (7).

Commencement Information

I12Sch. 3 para. 17 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

18U.K.In section 119 (Consolidated Fund etc.), omit subsection (4).

Commencement Information

I13Sch. 3 para. 18 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

19(1)Section 126 (interpretation) is amended as follows.U.K.

(2)Omit subsection (9).

(3)In subsection (10), omit “EU law or”.

Commencement Information

I14Sch. 3 para. 19 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

20U.K.In section 127 (index of defined expressions), omit the entry for EU law.

Commencement Information

I15Sch. 3 para. 20 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

21(1)Schedule 4 (enactments etc. protected from modification) is amended as follows.U.K.

(2)In paragraph 1(2)—

(a)omit paragraph (c), and

(b)after paragraph (f) insert ,

(g)the European Union (Withdrawal) Act 2018 (other than paragraphs 31 to 35 of Schedule 8 to that Act and any regulations made under that Act).

(3)Omit paragraph 13(1)(a).

Commencement Information

I16Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

I17Sch. 3 para. 21(1)(2)(a)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

22U.K.In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “EU law” substitute— “ The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law. ”

Commencement Information

I18Sch. 3 para. 22 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

23(1)Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.U.K.

(2)In the first paragraph (d) for “with EU law” substitute “ in breach of the restriction in section 57(4) ”.

(3)In paragraph (e), omit “or with EU law”.

(4)In the second sentence for the words from “the compatibility” to the end substitute “ a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) ”.

Commencement Information

I19Sch. 3 para. 23 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

24(1)The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows.U.K.

(2)After the entry for section 30 insert—

Section 30AType C.

(3)After the entry for section 56(2) insert—

Section 57(4)Type C.

Commencement Information

I20Sch. 3 para. 24(2)(3) in force for specified purposes at Royal Assent, see s. 25(3)(d)(e)

I21Sch. 3 para. 24(1) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

I22Sch. 3 para. 24(2)(3) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

25U.K.After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—

6(1)This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) is to be laid before each House of Parliament.

(2)Before the draft is laid, the Minister of the Crown who is to make the instrument—

(a)must make a statement explaining the effect of the instrument, and

(b)in any case where the Parliament has not made a decision to agree a motion consenting to the laying of the draft—

(i)must make a statement explaining why the Minister has decided to lay the draft despite this, and

(ii)must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.

(3)A statement of a Minister of the Crown under sub-paragraph (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(4)For the purposes of this paragraph, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.

(5)This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.

Commencement Information

I23Sch. 3 para. 25 in force for specified purposes at Royal Assent, see s. 25(3)(f)

I24Sch. 3 para. 25 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

26U.K.In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.

Commencement Information

I25Sch. 3 para. 26 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)