This Statutory Instrument has been made to correct errors in S.I. 2019/728 and is being issued free of charge to all known recipients of that Statutory Instrument.

2019 No. 1272

Exiting The European Union
Constitutional Law
Devolution, Scotland

The Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) (No. 2) Regulations 2019

Sift requirements satisfied

Made

Laid before Parliament

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 20181, makes the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement1

1

These Regulations may be cited as the Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) (No. 2) Regulations 2019.

2

Subject to paragraph (3), these Regulations come into force immediately before exit day.

3

Regulations 2 and 3 come into force on exit day.

Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 19992

1

The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 19992 is amended as follows.

2

In article 5, for “EU law” in both places it occurs, substitute “retained EU law”.

3

In article 7, for “EU law” substitute “retained EU law”.

Scotland Act 1998 (Modification of Functions) Order 19993

1

The Scotland Act 1998 (Modifications of Functions) Order 19993 is amended as follows.

2

In article 5, for “EU law” in both places it occurs, substitute “retained EU law”.

3

In article 6(c), for “EU law” substitute “retained EU law”.

Revocation of the Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) Regulations 20194

The Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) Regulations 20194 are revoked.

George EusticeMinister of StateDepartment for Environment, Food and Rural Affairs
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations revoke and replace the Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/728) (“the original Regulations”). These Regulations make the same amendments to Orders made under the Scotland Act 1998 in relation to sea fisheries, aquaculture and marine management as the original Regulations.

These Regulations are being made to ensure there is no doubt in relation to compliance with the requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018, which requires certain statutory instruments to be considered by Parliamentary committees in draft form for a recommendation as to the appropriate Parliamentary procedure. The original Regulations are being revoked before they were due to come into force.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.