{
  "url": "https://openlegislation.uk/aquaculture-and-fisheries-eu-exit-scotland-amendment-etc-regulations-2020/note",
  "json_url": "https://openlegislation.uk/aquaculture-and-fisheries-eu-exit-scotland-amendment-etc-regulations-2020/note.json",
  "legislation": "ssi/2020/393",
  "legislation_title": "The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/aquaculture-and-fisheries-eu-exit-scotland-amendment-etc-regulations-2020",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations are made in exercise of the powers conferred by paragraphs 1(1) and (3) and 11M(1) of schedule 2 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (as defined in section 8(2) and (3) of that Act) arising from the withdrawal of the United Kingdom from the European Union as well as to deal with matters related to the implementation of the Protocol on Ireland/Northern Ireland in the Withdrawal Agreement between the United Kingdom and the European Union. The Regulations are also made using the powers conferred by section 2(2) of the European Communities Act 1972.\nPart 2 makes amendments to the Aquatic Animal Health (Scotland) Regulations 2009 (“the 2009 Regulations”). The amendments ensure that provisions in Directive 2006/88/EC concerning quarantine are fully transposed into domestic legislation and clarify that the Scottish Ministers are the competent authority not only in respect of the 2009 Regulations but also in respect of directly applicable EU legislation on aquatic animal health. The amendments also remove an unnecessary definition and correct two typographical errors in the 2009 Regulations.\nPart 3 makes amendments required as a result of EU Exit to subordinate legislation in the fields of aquatic animal health and alien and locally absent species in aquaculture to ensure that the legislation continues to operate effectively after IP completion day.\nPart 4 makes amendments to fisheries legislation, required as a result of EU Exit. Regulation 4(2) and (3) amends the Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (“the 2019 Regulations”) to remove two amendments that are no longer necessary due to amendments made by other legislation.\nRegulation 4(4) amends the 2019 Regulations to undo deficiency-fixing amendments made to the European Maritime and Fisheries Fund (Grants) (Scotland) Regulations 2015 (“the 2015 Regulations”) which are no longer necessary by virtue of Article 138 of the Withdrawal Agreement. Regulation 4(4) also ensures that references in the 2015 Regulations to EU legislation that will not form part of retained EU law are references to that legislation as it has effect in EU law immediately before IP completion day, so that the cross-references are not rendered redundant by anticipated changes to that legislation at EU level on 1 January 2021.\nPart 5 revokes the Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019, which are superseded by these Regulations.\nA Business and Regulatory Impact Assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2020/393/note",
    "retrieved_at": "2026-10-28T20:59:20.450284+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}