The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Commencement No. 3) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the third set of commencement regulations made by the Scottish Ministers under section 51 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (“the Act”). Regulation 2 brings into force the following provisions of the Act:

• Section 14,

• Section 15 (so far as not already in force),

• Section 16 and

• Section 17.

Sections 14 and 15 provide for a new duty upon the Scottish Ministers, Ministers of the Crown and other public authorities to have due regard to the guiding principles on the environment contained in section 13 of the Act when they exercise certain functions. Section 16 sets out the purpose of the duties contained in sections 14 and 15. Section 17 obliges the Scottish Ministers to publish guidance on the guiding principles on the environment and on the various duties contained in sections 14 and 15, and sets out certain requirements for that guidance.

The Bill for the Act received Royal Assent on 29 January 2021. In accordance with section 51(1) of the Act, sections 48 to 53 came into force the following day.