The Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 728

Exiting The European Union

Constitutional Law

Devolution, Scotland

The Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit)  Regulations 2019

Sift requirements satisfied

19th March 2019

Made

28th March 2019

Laid before Parliament

29th March 2019

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 2018(1), 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 commencement

1.  These Regulations may be cited as the Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) Regulations 2019 and come into force on the later of exit day or the 21st day after the day on which they are made.

Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999

2.—(1) The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999(2) 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 1999

3.—(1) The Scotland Act 1998 (Modifications of Functions) Order 1999(3) is amended as follows.

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

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

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

28th March 2019

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 make simple amendments to Orders made under the Scotland Act 1998 in relation to sea fisheries, aquaculture and marine management.

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

(1)

2018 c. 16.

(2)

S.I. 1999/1748, amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

(3)

S.I. 1999/1756, amended by S.I. 2011/1043.