Article 25b Regulations: ScotlandF1

United Kingdom

(1.)

For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

(2.)

Subject to paragraph 3, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(3.)

Regulations made by the Scottish Ministers under Article 26 that amend Annex 2 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(4.)

Regulations made by the Scottish Ministers under this Regulation may:

(a)

contain supplementary, incidental, consequential, transitional or saving provision (including provision amending or revoking an enactment) to the extent that such provision is within the devolved competence of the Scottish Ministers;

(b)

make different provision for different purposes.

(5.)

In this Article, ‘enactment’ means:

(a)

an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;

(b)

an enactment contained in an instrument made under an Act of the Scottish Parliament;

(c)

regulations made under F2assimilated direct principal legislation;

(d)

F3assimilated direct minor legislation.

(6.)

For the purposes of paragraph 4(a), a provision is within the devolved competence of the Scottish Ministers if the amendment or revocation of the provision that would be within the legislative competence of the Scottish Parliament if was included in an Act of the Parliament (see section 29 of the Scotland Act 1998).

Annotations

Textual amendments

F1: Arts. 25-25c substituted for Art. 25 (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(14), Sch. 1
F2: Words in Art. 25b(5)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(2)(b)
F3: Words in Art. 25b(5)(d) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(3)(b)