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Introductory text

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Exiting The European Union

Aquaculture

Fisheries

Made 20th November 2020

Laid before the Scottish Parliament 24th November 2020

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1 and paragraphs 1(1) and (3) and 11M(1) of schedule 2 of the European Union (Withdrawal) Act 2018f2 and all other powers enabling them to do so.

In accordance with paragraph 4(a) of schedule 2 of the European Union (Withdrawal) Act 2018f3, the Scottish Ministers consulted the Secretary of State prior to the making of these Regulations.

Annotations

Footnotes

f1

1972 c.68 (“the 1972 Act”). The 1972 Act was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) with effect from exit day (see section 20 of the 2018 Act), but saved, subject to modifications, until IP completion day by section 1A of that Act. Section 1A of the 2018 Act was inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the 2020 Act”), and defines “IP completion day” by reference to section 39(1) to (5) of the 2020 Act. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”), (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 section 3(3) and the schedule of the European Union (Amendment) Act 2008 (c.7). 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 1998 Act. Section 2(2) is relied upon in relation to regulation 2.

f2

2018 c.16. Paragraph 11M was inserted by section 22 of the 2020 Act.

f3

Paragraph 4 was amended by section 27(7)(a) of the 2020 Act.