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5.—(1) The Interpretation and Legislative Reform (Scotland) Act 2010(1) is amended as follows.
(2) In section 1(1)—
(a)in paragraph (ba), omit the “and” following that paragraph;
(b)after paragraph (ba), insert—
“(bb)Scottish instruments made on or after exit day, in the case of Scottish instruments made as mentioned in paragraph (e) or (f) of the definition of “Scottish instrument” in subsection (4), and”.
(3) In section 1(4)—
(a)omit the “or” following paragraph (c);
(b)after paragraph (d), insert—
“(e)an Act of the Scottish Parliament (whenever passed) and any retained direct EU CAP legislation (within the meaning of section 2(10) of the Direct Payments to Farmers (Legislative Continuity) Act 2020) (whenever made), or
(f)an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed) and any retained direct EU CAP legislation (within the meaning of section 2(10) of the Direct Payments to Farmers (Legislative Continuity) Act 2020) (whenever made).”.
(4) In section 55(2B)(d), in the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”, at the end insert “and each of those definitions is to be read as including the legislation treated by paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 as falling within the corresponding definition in Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (see paragraphs (a), (d), (c) and (b) respectively of that paragraph 7).”.
2010 asp 10. Section 1 is amended by paragraph 32 of schedule 8 to the European Union (Withdrawal) Act 2018 and paragraph 33 of schedule 5 to the European Union (Withdrawal Agreement) Act 2020. Section 55 is amended by S.I. 2019/628.
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