Water Environment and Water Services (Scotland) Act 2003

[F1 PART 2 S The Groundwater Directive

Textual Amendments

F1 Sch. 5 inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 2(6) (as amended by S.S.I. 2019/175, regs. 1(1)(b), 8(2)); 2020 c. 1, Sch. 5 para. 1(1)

Introduction S

17 (1) When interpreting the Groundwater Directive for the purposes of Part 1 of this Act— S

(a) a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of Scotland,

(b) a reference to Community legislation is to be read as a reference to [F2 assimilated] law,

(d) the Groundwater Directive is to be read subject to the following rules.

(2) In sub-paragraph 1(a)—

• “exit day” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018,

• “relevant authority” means—

  (a)

  the Scottish Ministers,

  (b)

  SEPA,

  (c)

  any responsible authority.

Textual Amendments

F2 Word in sch. 5 para. 17(1)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 4(3)(a)

Modifications to the Articles S

18 S Article 3(5) is to be read as if for “submitted” there were substituted “ produced ”.

19 S Article 5(4) and (5) is to be read as if for “submitted” there were substituted “ produced ”.

20 S Article 6(4) is to be read as if the words from “for the” to the end were omitted.

21 S Article 12 is to be ignored.

22 S Annex I is to be read as if—

(a) in footnote 1 to the table in paragraph 1, for “Article 2 of Directive 91/414/EEC and in Article 2 of Directive 98/8/EC” there were substituted “ Article 2 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC and in Article 3 of Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”,

(b) in paragraph 2, for “Directive 91/414/EEC or Directive 98/8/EC” there were substituted “ Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC or Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”.

23 S Annex II is to be read as if, in Part C—

(a) in the first paragraph, for “submitted” there were substituted “ produced ”,

(b) in the second paragraph—

(i) in the opening words, for “provide” there were substituted “ include ”,

(ii) in point (c)(iii), for “at national, Union or” there were substituted “ in [F3 assimilated] law or other national legislation, or at ”.

Textual Amendments

F3 Word in sch. 5 para. 23(b)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 4(3)(b)

Definition of [F4 assimilated] law S

Textual Amendments

F4 Word in sch. 5 para. 24 cross-heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 4(3)(c)

24 S For the purposes of this Part, “[F5 assimilated] law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018.]

Textual Amendments

F5 Word in sch. 5 para. 24 substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 4(3)(d)