Regulation 5 New Articles 2A and 2B

After Article 2, insert—

“Article 2A

References to Articles of the Treaty and certain other EU instruments

1.

In this Regulation—

(a)

a reference to Article 107(1) or 108(3) of the Treaty is a reference to that Article as it has effect in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018 and regulation 3(1) and (2) of the state aid regulations;

(b)

a reference to Article 107(2) or (3) of the Treaty is to be read in accordance with regulation 3(3)(b) of the state aid regulations;

(c)

a reference to NUTS is a reference to the Nomenclature of Territorial Units for Statistics, as laid down in Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS), as it had effect immediately before exit day.

Article 2B

Competent authority

1.

Subject to paragraphs 2 to 5, for the purposes of this Regulation the competent authority is the Secretary of State.

2.

In relation to Scotland, in respect of areas within devolved competence, the competent authority is the Scottish Ministers.

In this paragraph, “devolved competence” is to be read in accordance with section 54 of the Scotland Act 1998.

3.

In relation to Wales, in respect of functions conferred or imposed under section 56 of the Government of Wales Act 2006, the competent authority is the Welsh Ministers.

4.

In relation to Northern Ireland, in respect of functions conferred under sections 22 or 23 of the Northern Ireland Act 1998, the competent authority is the Department of Agriculture, Environment and Rural Affairs.

5.

Where prior to exit day the relevant function was delegated to another person or body, the competent authority is that person or body.

6.

This Article is without prejudice to any power for the competent authority to delegate functions.”.