Interpretation and Legislative Reform (Scotland) Act 2010

14 References to other legislative provisions S

(1) Subsection (2) applies where—

(a) an Act of the Scottish Parliament or a Scottish instrument refers to an enactment, and

(b) before, on or after the coming into force of the Act or instrument the enactment is amended, extended or applied by another enactment.

(2) The reference is a reference to the enactment as amended, extended or applied by the other enactment (whether or not that other enactment has come into force).

[F1 (2A) Where—

(a) there is a reference in—

(i) an Act of the Scottish Parliament the Bill for which received Royal Assent on or after IP completion day, or

(ii) a Scottish instrument made on or after IP completion day,

to any treaty relating to the EU or any instrument or other document of an EU entity, and

(b) the treaty, instrument or document referred to has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (general implementation of remainder of EU withdrawal agreement etc.),

the reference, so far as required for the purposes of relevant separation agreement law, is a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).]

[F2 (3) [F3 Subject to subsection (2A),] a reference in—

(a) an Act of the Scottish Parliament the Bill for which received Royal Assent on or after [F4 IP completion day], or

(b) a Scottish instrument made on or after [F4 IP completion day],

to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.

(4) Subsection (3) does not determine any question as to whether the reference is to be read as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as modified by domestic law (and, accordingly, is without prejudice to subsections (1) and (2)).

(5) Any expression in [F5 subsections (2A) to] (4) which is defined in the European Union (Withdrawal) Act 2018 has the same meaning in [F6 the subsection concerned] as in that Act.]

[F7 (6) In this section, “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).]

Textual Amendments

F1 S. 14(2A) inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 5(4)(a)

F2 S. 14(3)-(5) inserted (31.12.2020) by The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628), regs. 1(3), 4(3) (as amended by S.I. 2020/463, regs. 1(1), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 14(3) inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 5(4)(b)

F4 Words in s. 14(3) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 34 (with s. 38(3)); S.I. 2020/1622, reg. 5(j)

F5 Words in s. 14(5) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 5(4)(c)(i)

F6 Words in s. 14(5) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 5(4)(c)(ii)

F7 S. 14(6) inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 5(4)(d)