The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023

These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 and come into force on 1 January 2024.

These Regulations extend to Scotland and the Scottish zone, and insofar as they extend beyond Scotland and the Scottish zone they do so only as a matter of Scots law.

In paragraph (2), “Scotland” and “the Scottish zone” have the same meaning as in section 126(1) and (2) of the Scotland Act 1998^f1.

The Prescription and Limitation (Scotland) Act 1973^f1 is amended as follows.

In section 23A(5)—

The Freedom of Information (Scotland) Act 2002^f1 is amended as follows.

In section 26(b), for “EU” substitute “assimilated”,

In section 45(2)(c)(ii) for “EU” substitute “assimilated”.

The Water Environment and Water Services (Scotland) Act 2003^f1 is amended as follows.

In Part 1 of schedule 5—

In Part 2 of schedule 5—

In Part 3 of schedule 5—

The Environmental Assessment (Scotland) Act 2005^f1 is amended as follows.

In section 5(3)(b), for “retained EU” substitute “assimilated”.

In the heading before section 13, for “retained EU” substitute “assimilated”.

In section 13(1), for “retained EU” substitute “assimilated”.

In section 13(2), for “retained EU” substitute “assimilated”.

In section 14(4), for “retained EU” substitute “assimilated”.

In schedule 2, paragraph 1(e), for “retained EU” substitute “assimilated”.

In schedule 3, paragraph 4, for “retained EU” substitute “assimilated”.

in the italic heading before paragraph 1, for “retained EU” substitute “assimilated”,

in paragraph 1(1), for “retained EU” substitute “assimilated”.

The Flood Risk Management (Scotland) Act 2009^f1 is amended as follows.

In section 6A(2)(b), for “retained EU” substitute “assimilated”.

In section 6A(7)(a), for “retained EU” substitute “assimilated”.

In section 23(2)(d)(vi), for “retained EU” substitute “assimilated”.

In section 51(1), for “retained EU” substitute “assimilated”.

In Part 1 of schedule 1, in paragraph 4—

The Aquaculture and Fisheries (Scotland) Act 2013^f1 is amended as follows.

In section 53(1), in paragraph (b) of the definition of “sea fisheries legislation”, for “retained EU” in both places where it occurs substitute “assimilated”.

In section 59(8)(b)—

In section 63—

The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021^f1 is amended as follows.

In section 1(1)(a)(iv), for “retained EU” substitute “assimilated”.

In section 9(2)(d), for “retained EU” substitute “assimilated”.

The Urban Waste Water Treatment (Scotland) Regulations 1994^f1 are amended as follows.

In regulation 5(8), in the definition of “appropriate treatment”, for “retained EU” substitute “assimilated”.

In Part 1 of schedule 1, in sub-paragraph (c), for “retained EU” substitute “assimilated”.

In Part 1 of schedule 3, in paragraph 4, for “retained EU” substitute “assimilated”.

In schedule 4, for “retained EU” substitute “assimilated”.

The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002^f1 are amended as follows.

In regulation 29A(7)(b), for “retained EU” substitute “assimilated”.

In regulation 29A(7)(e), for “retained EU” substitute “assimilated”.

In schedule 1, paragraph 6(4)(a)(i), for “retained EU” substitute “assimilated”.

In schedule 1, paragraph 6(4)(b)(i), for “retained EU” substitute “assimilated”.

In schedule 3, paragraph 12(a), for “retained EU” substitute “assimilated”.

The Landfill (Scotland) Regulations 2003^f1 are amended as follows.

In regulation 10(3)(b)(i), for “retained EU” substitute “assimilated”.

In regulation 11(2A)(b), for “retained EU” substitute “assimilated”.

The Water Environment (Register of Protected Areas) (Scotland) Regulations 2004^f1 are amended as follows.

In Part 1 of schedule 1(1)—

The Environmental Liability (Scotland) Regulations 2009^f1 are amended as follows.

In regulation 4(1)(b)(ii), for “retained EU” substitute “assimilated”.

In schedule 1, paragraph A1, for “retained EU” substitute “assimilated”.

The Management of Extractive Waste (Scotland) Regulations 2010^f1 are amended as follows.

In regulation 2(1), in the definition of “unpolluted soil”, for “retained EU” substitute “assimilated”.

In regulation 5(3)(b), for “retained direct EU” substitute “assimilated direct”.

In regulation 12(2), for “retained direct EU” substitute “assimilated direct”.

In regulation 13(1), for “retained direct EU” substitute “assimilated direct”.

In regulation 13(5), for “retained direct EU” substitute “assimilated direct”.

In regulation 14(b), for “retained direct EU” substitute “assimilated direct”.

In regulation 23(4)(b), for “retained direct EU” substitute “assimilated direct”.

In schedule 1—

The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010^f1 are amended as follows.

In regulation 2A(3)(b), for “retained EU” substitute “assimilated”.

In regulation 10A(2)(b), for “retained EU” substitute “assimilated”.

In schedule 2, in Part 2, paragraph 5(2), for “retained EU” substitute “assimilated”.

The Waste Management Licensing (Scotland) Regulations 2011^f1 are amended as follows.

In regulation 13(2)(b), for “retained EU” substitute “assimilated”.

In regulation 17(8)(b), for “retained EU” substitute “assimilated”.

The Trade in Animals and Related Products (Scotland) Regulations 2012^f1 are amended as follows.

In regulation 13(1), for “retained direct EU” substitute “assimilated direct”.

In regulation 13(4)(c), for “retained direct EU” substitute “assimilated direct”.

In regulation 13(4)(e), for “retained direct EU” substitute “assimilated direct”.

In schedule 2, paragraph 10A(2)(c), for “retained direct minor EU” substitute “assimilated direct minor”.

The Pollution Prevention and Control (Scotland) Regulations 2012^f1 are amended as follows.

In regulation 2(1), in the definition of “environmental quality standard”, for “retained EU” substitute “assimilated”.

In regulation 3A(1), in the definition of “Chapter IV Plant”, for “retained EU” substitute “assimilated”.

In regulation 29(3)(a), for “retained EU” substitute “assimilated”.

In regulation 29(3)(d), for “retained EU” substitute “assimilated”.

In regulation 29(3)(f), for “retained EU” substitute “assimilated”.

In regulation 30(2)(b), for “retained EU” substitute “assimilated”.

In regulation 36(4)(b)(ii), for “retained EU” substitute “assimilated”.

In regulation 63(3)(a), for “retained EU” substitute “assimilated”.

In schedule 1B, paragraph 1(7)(b), for “retained EU” substitute “assimilated”.

In schedule 4, paragraph 3(d), for “retained EU” substitute “assimilated”.

The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013^f1 are amended as follows.

In regulation 2(1),

In regulation 3(1)(c), in both places it occurs, for “retained EU” substitute “assimilated”.

In regulation 10(b), for “retained EU” substitute “assimilated”.

In regulation 13(1)(a), for “retained EU” substitute “assimilated”.

In regulation 13(1)(j)(iv), for “retained EU” substitute “assimilated”.

In regulation 14(1)(f)(ii), for “retained EU” substitute “assimilated”.

In regulation 24(3), for “retained EU” substitute “assimilated”.

The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013^f1 are amended as follows.

In regulation 7(b), for “retained EU” substitute “assimilated”.

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013^f1 are amended as follows.

In regulation 2(5), for “retained EU” substitute “assimilated”.

In regulation 14, for “retained EU” substitute “assimilated”.

In regulation 17(2), for “retained EU” substitute “assimilated”.

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015^f1 are amended as follows.

In regulation 22(4), in the definition of “relevant plan or programme”—

The Sea Fishing (EU Control Measures) (Scotland) Order 2015^f1 is amended as follows.

In article 2(1), in the definition of “control measure”, for “retained EU” substitute “assimilated”.

In article 2(1), in the definition of “third country control measure”, for “retained EU” substitute “assimilated”.

The Public Contracts (Scotland) Regulations 2015^f1 are amended as follows.

In regulation 43—

The Utilities Contracts (Scotland) Regulations 2016^f1 are amended as follows.

In regulation 58—

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017^f1 are amended as follows.

In regulation 30(2)(b), for “retained EU” substitute “assimilated”.

In regulation 60(6A)(h)(ii), for “retained EU” substitute “assimilated”.

In schedule 3, paragraph 2(c)(vi), for “retained EU” substitute “assimilated”.

In schedule 4, paragraph 8, for “retained EU” substitute “assimilated”.

The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017^f1 are amended as follows.

In regulation 2(1), in the definition of “Union legislation”, for “retained EU” substitute “assimilated”.

In schedule 3, paragraph 6, for “retained EU” substitute “assimilated”.

In schedule 3, paragraph 9, for “retained EU” substitute “assimilated”.

The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017^f1 are amended as follows.

In regulation 24(2)(b), for “retained EU” substitute “assimilated”.

In schedule 3, paragraph 2(c)(vi), for “retained EU” substitute “assimilated”.

In schedule 4, paragraph 6, for “retained EU” substitute “assimilated”.

In schedule 4, paragraph 9, for “retained EU” substitute “assimilated”.

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019^f1 are amended as follows.

In regulation 21(3), in the definition of “plant health derogation”, for “retained EU” substitute “assimilated”.

In regulation 37(1)(g), for “retained direct EU” substitute “assimilated direct”.

In regulation 42(2)(b), in both places it occurs, for “retained EU” substitute “assimilated”.

In schedule 3, in the heading, for “retained direct EU” substitute “assimilated”.

The Environmental Authorisations (Scotland) Regulations 2018^f1 are amended as follows.

In regulation 2(1)—

In regulation 37(2), for “retained EU” substitute “assimilated”.

The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020^f1 are amended as follows.

In regulation 6(1), for “RDEUL” substitute “assimilated direct legislation”.

In regulation 6(2), for “RDEUL” substitute “assimilated direct legislation”.

In regulation 6(4)—

In the heading before regulation 7, for “retained direct EU” substitute assimilated direct”.

In regulation 7, for “retained direct EU” substitute “assimilated direct”.

The Feed Additives (Authorisations) (Scotland) Regulations 2022^f1 are amended as follows.

In regulation 9(1), for “retained direct EU” substitute “assimilated direct”.

In regulation 11, for “retained direct EU” substitute “assimilated direct”.

In the table set out in schedule 11, in the entry for “Analytical methods”, omit “retained”.

In schedule 12, in the heading, for “retained direct” substitute “assimilated direct”.