The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019

PART 3 Amendments to primary legislation

The Aquaculture and Fisheries (Scotland) Act 2013

7.—(1) The Aquaculture and Fisheries (Scotland) Act 2013(1) is amended as follows.

(2) In section 53(1), in the definition of “sea fisheries legislation”, for paragraph (b) substitute—

“(b) any retained EU restrictions and retained EU obligations (within the meaning of schedule 1 of the Interpretation Act 1978(2)) relating to sea fishing.”.

(3) In section 59(8), for paragraph (b) substitute—

“(b) retained direct EU legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) falling within section 3(2)(a) of that Act containing a retained EU obligation (within the meaning of schedule 1 of the Interpretation Act 1978) or a retained EU restriction”.

(4) In section 63—

(a) omit the definitions of “enforceable EU obligation” and “enforceable EU restriction”,

(b) after the definition of “pathogen” insert—

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties (within the meaning of schedule 1 of the Interpretation Act 1978) before exit day (within the meaning of section 20 of the European Union (Withdrawal) Act 2018), and

(b)

forms part of retained EU law (within the meaning of section 6(7) of the European Union (Withdrawal) Act 2018),

as modified from time to time,.”.

(1)

2013 asp 7.

(2)

1978 c.30. Schedule 1 was relevantly amended by paragraph 22 of the European Union (Withdrawal) Act 2018 (c.16).