2013 No. 177
The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and all other powers enabling them to do so.
Citation, commencement and extent1
1
These Regulations may be cited as the European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 and come into force on 1st July 2013.
2
These Regulations extend to Scotland and insofar as they extend beyond Scotland they do so only as a matter of Scots law.
Amendment of the European Communities (Services of Lawyers) Order 19782
In article 2 (interpretation) of the European Communities (Services of Lawyers) Order 1978 M2, in the table, after the entry relating to Bulgaria insert—
Croatia
Odvjetnik/Odvjetnica
Amendment of the European Communities (Lawyer's Practice) (Scotland) Regulations 20003
In regulation 2(4) (interpretation) of the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 M3, in the table, after the entry relating to Romania insert—
Croatia
Odvjetnik/Odvjetnica
Further amendments4
The Schedule (which makes further amendments which are consequential to the accession of Croatia to the European Union) has effect.
Transitional Provision5
1
In this regulation—
a
“the 2000 Regulations” means the European Communities (Lawyer's Practice) (Scotland) Regulations 2000; and
b
“relevant lawyer” means a European lawyer (as defined in regulation 2(1) of the 2000 Regulations as amended by these Regulations) who satisfies either or both of the conditions set out in paragraph (2).
2
Those conditions are—
a
that the person is a national of Croatia;
b
that the person is authorised in Croatia to pursue professional activities under any of the professional titles appearing in regulation 2(4) of the 2000 Regulations as it is amended by these Regulations, opposite the name of that State.
3
Regulation 1(2) to (5) of the 2000 Regulations applies to a relevant lawyer with the following modifications—
a
for “22nd May 2000”, where it occurs in paragraph (2), substitute “
1st July 2013
”
;
b
for “21st November 2000”, wherever it occurs, substitute “
31st December 2013
”
; and
c
for “22nd November 2000”, wherever it occurs, substitute “
1st January 2014
”
.
4
Regulations 21(1)(b) and (2) (offence of pretending to be a registered European lawyer) and 22 (fees, awards, outlays and expenses of an unregistered European lawyer) of the 2000 Regulations apply to a relevant lawyer only from 1st January 2014.
SCHEDULE
Local Government (Scotland) Act 19731
In the Local Government (Scotland) Act 1973 M4, in section 97 (establishment of Commission for Local Authority Accounts in Scotland), for subsection (7A) substitute—
7A
In subsection (7), “EEA State” means a member State, Norway, Iceland or Lichtenstein.
National Health Service (Scotland) Act 19782
In the National Health Service (Scotland) Act 1978 M5—
a
for “EEA state” wherever it occurs substitute “
EEA State
”
; and
b
in section 108 (interpretation and construction), in subsection (1), at the appropriate alphabetical place insert—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
Roads (Scotland) Act 19843
In the Roads (Scotland) Act 1984 M6, in section 20B (projects with significant transboundary effects), for subsection (8) substitute—
8
In this section, “EEA State” means a member State, Norway, Iceland or Lichtenstein.
Public Finance and Accountability (Scotland) Act 20004
In the Public Finance and Accountability (Scotland) Act 2000 M7, in section 21 (audit of accounts)—
a
in subsection (5), the words following paragraph (b) are repealed; and
b
after subsection (5) insert—
6
In this section, “EEA State” means a member State, Norway, Iceland or Lichtenstein.
Regulation of Care (Scotland) Act 20015
In the Regulation of Care (Scotland) Act 2001 M8, in section 77 (interpretation), at the appropriate alphabetical place insert—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 19896
In the National Health Service (Charge to Overseas Visitors) (Scotland) Regulations 1989 M9—
a
in regulation 1(2) (citation, commencement and interpretation)—
i
in the definitions of “member of the family” and “refugee”, for “a Member State” substitute “
an EEA State
”
;
ii
omit the definition of “Member State”; and
iii
at the appropriate alphabetical place insert—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
b
in regulation 4(1) (overseas visitors exempt from charges)—
i
in sub-paragraph (l), for “Member State”, substitute “
EEA State
”
; and
ii
in sub-paragraphs (m) and (p) for “a Member State” substitute “
an EEA State
”
;
c
in regulation 4A (exemption from charges during long term visits by United Kingdom pensioners), for “member State” on both occasions it occurs, substitute “
EEA State
”
; and
d
in regulation 5 (exemption from charges for treatment the need for which arose during the visit), for “a Member State” on each occasion it occurs, substitute “
an EEA State
”
.
The Environmental Impact Assessment (Scotland) Regulations 19997
In the Environmental Impact Assessment (Scotland) Regulations 1999 M10, in regulation 2(1) (interpretation), for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Environmental Impact Assessment (Forestry) (Scotland) Regulations 19998
In the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999 M11, in regulation 2(1) (interpretation), for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Water Supply (Water Quality) (Scotland) Regulations 2001F19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Education (Assisted Places) (Scotland) Regulations 2001F210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The St Mary's Music School (Aided Places) (Scotland) Regulations 200111
In the St Mary's Music School (Aided Places) (Scotland) Regulations 2001 M12, in Schedule 1, in paragraph 1(1) (interpretation)—
a
omit the definition of “EEA Agreement”; and
b
for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Kava-kava in Food (Scotland) Regulations 200212
In the Kava-kava in Food (Scotland) Regulations 2002 M13, in regulation 2 (interpretation)—
a
omit the definition of “EEA Agreement”; and
b
for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003F413
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Meat Products (Scotland) Regulations 200414
In the Meat Products (Scotland) Regulations 2004 M14, in regulation 2 (interpretation), for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 200415
In the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 M15, in regulation 2 (interpretation), for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Jam and Similar Products (Scotland) Regulations 200416
In the Jam and Similar Products (Scotland) Regulations 2004 M16, in regulation 2(1) (interpretation)—
a
omit the definition of “EEA Agreement”; and
b
for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The National Health Service (General Ophthalmic Services) (Scotland) Regulations 200617
In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 M17, in regulation 2(1) (interpretation), for the definition of “EEA state” substitute—
“EEA state” means a member State, Norway, Iceland or Lichtenstein;
The Education (Student Loans for Tuition Fees) (Scotland) Regulations 200618
In the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 M18, in regulation 2(1) (interpretation), after the definition of “EEA self-employed person” insert—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Firefighters' Compensation Scheme (Scotland) Order 200619
In the Firefighters' Compensation Scheme (Scotland) Order 2006 M19, in Schedule 1, (the Firefighters' Compensation Scheme (Scotland)), in paragraph 2(1), after the definitions of “disabled”, “disablement” and “permanent disablement” insert—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200620
In the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 M20, in regulation 2(1) (interpretation), for the definition of “EEA State” substitute—
“EEA State” means a member State, Norway, Iceland or Lichtenstein;
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011F321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the Scotland Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act.