The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019

Amendment of the Act to address deficiencies

3.—(1) The Act is amended in accordance with paragraphs (2) to (7).

(2) In section 5(3)(b) (qualifying plans and programmes)(1), after “pursuant to” insert “any retained EU law extending to Scotland which implemented”.

(3) In section 13 (relationship with EU law requirements)—

(a) in the heading, after “with” insert “other retained”,

(b) in subsection (1), after “requirement under” insert “other retained”, and

(c) in subsection (2), after “provision of” insert “other retained”.

(4) In section 14(4) (preparation of environmental report), for “EU legislation” substitute “other retained EU law”.

(5) In schedule 1 (projects)(2), in paragraph 44(1), after “that Directive” insert “, as those expressions were construed immediately before exit day”.

(6) In schedule 2 (criteria for determining the likely significance of effects on the environment)—

(a) in paragraph 1(e), for “EU legislation” substitute “retained EU law”, and

(b) in paragraph 2, omit “, Community”.

(7) In schedule 3 (information for environmental reports)(3)—

(a) in paragraph 4, after “pursuant to” insert “any retained EU law extending to Scotland which implemented”, and

(b) in paragraph 5, for “, Community or Member State” substitute “or national”.

(1)

Section 5(3)(b) is amended by Part 2 of these Regulations.

(2)

Schedule 1 is amended by Part 2 of these Regulations.

(3)

Schedule 3 is amended by Part 2 of these Regulations.