Section 2 Power to simplify, improve or update relevant CAP legislationF5 I1

(1)

The Scottish Ministers may by regulations modify F1or restate, to any extent, the relevant CAP legislation.

(2)

The Scottish Ministers may only make modifications under subsection (1)—

F2(a)

that they consider would simplify or improve the operation of the provisions of the legislation;

F3(b)

that they consider appropriate to take account of—

(i)

changes in technology, or

(ii)

developments in scientific understanding.

F4(2A)

A restatement under subsection (1) may make any change to the legislation that the Scottish Ministers consider appropriate—

(a)

for the purposes of—

(i)

resolving ambiguity,

(ii)

removing doubt or an anomaly,

(iii)

facilitating improvements in the clarity or accessibility of the law (including by omitting anything which is legally unnecessary),

(b)

to take account of—

(i)

changes in technology, or

(ii)

developments in scientific understanding.

(2B)

A restatement under subsection (1) may use words or concepts that are different from those used in the provision being restated.

(3)

Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

Annotations

F1: Words in s. 2(1) substituted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(a), 38(2); S.S.I. 2025/167, reg. 2(1)
F2: Words in s. 2(2) renumbered as s. 2(2)(a) (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(b)(i), 38(2); S.S.I. 2025/167, reg. 2(1)
F3: S. 2(2)(b) inserted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(b)(ii), 38(2); S.S.I. 2025/167, reg. 2(1)
F4: S. 2(2A)(2B) inserted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(c), 38(2); S.S.I. 2025/167, reg. 2(1)
F5: S. 2 heading substituted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(4), 38(2); S.S.I. 2025/167, reg. 2(1)

F1: Word in Pt. 1 heading 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. 10