Schedules

Schedule 2“Assimilated law”: consequential amendments

I1I27Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

1

The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.

2

In section 1 (application of Part 1), in subsection (4), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

3

In section 55 (consequential revocation of transitional Orders)—

a

in subsection (2A), for “retained direct EU” substitute “assimilated direct”;

b

in subsection (2B)(d)—

i

before the entry for “EU withdrawal agreement” (but after the italic heading), insert—

  • “assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023).

  • “assimilated obligation” means an obligation that—

    1. a

      was created or arose by or under the EU Treaties before IP completion day, and

    2. b

      forms part of assimilated law,

    as modified from time to time.

ii

omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;

iii

omit the entry for “retained EU obligation”;

iv

in the entry for “EEA agreement”, for “retained direct EU” substitute “assimilated direct”;

v

in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”.

4

In Schedule 1 (definitions of words and expressions)—

a

in the entry for “enactment”, for “retained direct EU” (in each place it appears) substitute “assimilated direct”;

b

in the entry for “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;

c

before the entry for “EU withdrawal agreement” (but after the italic heading “Definitions relating to EU exit”), insert—

  • “assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023).

  • “assimilated obligation” means an obligation that—

    1. a

      was created or arose by or under the EU Treaties before IP completion day, and

    2. b

      forms part of assimilated law,

    as modified from time to time.

d

omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;

e

omit the entry for “retained EU obligation”;

f

in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”.