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.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 retained direct principal EU legislation;
(d)retained direct minor EU 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).]
Textual Amendments
F1Arts. 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