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The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Consequential Provisions and Modifications) Order 2021 in England

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2021, ISBN 9780348222432

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under paragraphs 1, 2 and 3 of Schedule 7 to the Scotland Act 1998, for approval by resolution of each House of Parliament.

Constitutional Law

Devolution, Scotland

Environmental Protection

Made 2021

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1), 113(5) and 114(1) of the Scotland Act 1998f1;

In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation and commencement
  2. 2Status of Environmental Standards Scotland as part of the Scottish Administration
  3. 3Construction of references to an office-holder in the Scottish Administration
  4. 4House of Commons Disqualification Act 1975
  5. Signature
  6. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Consequential Provisions and Modifications) Order 2021.

(2)

This Order comes into force on the same day as section 19 (Environmental Standards Scotland) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021f1 comes into force for any purpose.

2Status of Environmental Standards Scotland as part of the Scottish Administration

Environmental Standards Scotlandf1 is part of the Scottish Administrationf2.

3Construction of references to an office-holder in the Scottish Administration

(1)

Unless the context otherwise requires, references in the Scotland Act 1998 and any other enactment (except the Crown Suits (Scotland) Act 1857f1) to an office-holder in the Scottish Administration are to be taken to include a reference to Environmental Standards Scotland.

(2)

Paragraph (1) applies whether or not the enactment defines the expression “office-holder in the Scottish Administration” by reference to the Scotland Act 1998 or any specific provision of that Act.

4House of Commons Disqualification Act 1975

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975f1 (bodies of which all members are disqualified), insert the following entry at the appropriate place—

“Environmental Standards Scotland”

Signature

Name

Secretary of State

Office of the Secretary of State for Scotland

Dover House,

London

Date

Explanatory note

(This note is not part of the Order)

This Order makes provision consequential on the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (“the Act”). The Act establishes Environmental Standards Scotland (“ESS”) and makes provision about its functions. ESS is known as Ìrean Àrainneachdail na h-Alba in Gaelic.

Articles 2 and 3 make ESS part of the Scottish Administration. Accordingly, ESS will be a Non-Ministerial Office accountable to the Scottish Parliament.

Article 3 provides that the Crown Suits (Scotland) Act 1857 does not apply to ESS with the effect that the Lord Advocate cannot be sued in place of ESS.

Article 4 inserts a reference to ESS into the House of Commons Disqualification Act 1975 to disqualify members of the ESS from being members of the House of Commons.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.