Rules of evidence 25 Questions as to meaning of EU instruments (1) Where it is necessary, for the purpose of interpreting retained (devolved) EU law in 20 legal proceedings, to decide a question as to— (a) the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or (b) the validity, meaning or effect in EU law of any EU instrument, the question is to be treated for that purpose as a question of law. 25 (2) In this section— “interpreting retained (devolved) EU law” means deciding any question as to the validity, meaning or effect of any retained (devolved) EU law, “treaty” includes— (a) any international agreement, and 30 (b) any protocol or annex to a treaty or international agreement. 26 Power to make provision about judicial notice and admissibility (1) The Scottish Ministers may by regulations— (a) make provision enabling or requiring judicial notice to be taken of a relevant matter, or 35 (b) provide for the admissibility in any legal proceedings of specified evidence of— (i) a relevant matter, or UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 19 Part 6—General and final provisions (ii) instruments or documents issued by or in the custody of an EU entity. (2) Regulations under subsection (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents). (3) Regulations under this section may modify any provision made by or under an 5 enactment. (4) Regulations under this section are subject to the affirmative procedure. (5) In subsection (3), “enactment” does not include primary legislation passed after this Act is passed. (6) In this section, each of the following is a “relevant matter”— 10 (a) retained (devolved) EU law, (b) EU law, (c) the EEA agreement, and (d) anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) or (c). 15 P ART 6 G ENERAL AND FINAL PROVISIONS Interpretation 27 Interpretation: general (1) In this Act— 20 “the 1972 Act” means the European Communities Act 1972, “Charter of Fundamental Rights” means the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007, “the EEA” means the European Economic Area, 25 “enactment” means an enactment whenever passed or made and includes— (a) an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act, (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and 30 (c) except in section 2 or where there is otherwise a contrary intention, any retained (devolved) direct EU legislation, “EU decision” means— (a) a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or 35 (b) a decision under former Article 34(2)(c) of the Treaty on European Union, “EU directive” means a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union, 20 UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill Part 6—General and final provisions “EU entity” means an EU institution or any office, body or agency of the EU, “EU reference” means— (a) any reference to the EU, an EU entity or a member State, (b) any reference to an EU directive or any other EU law, or 5 (c) any other reference which relates to the EU , “EU regulation” means a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union, “EU tertiary legislation” means— (a) any provision made under— 10 (i) an EU regulation, (ii) a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or (iii) an EU directive, by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the 15 European Union or former Article 202 of the Treaty establishing the European Community, or (b) any measure adopted in accordance with former Article 34(2)(c) of the Treaty on European Union to implement decisions under former Article 34(2)(c), 20 but does not include any such provision or measure which is an EU directive, “exempt EU instrument” means anything which is an exempt EU instrument by virtue of section 29, “member State” (except in the definitions of “direct EU legislation” and “EU reference”) does not include the United Kingdom, 25 “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975, “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly), “primary legislation” means— 30 (a) an Act of Parliament, (b) an Act of the Scottish Parliament, “relevant criminal offence” means an offence for which an individual who has reached the age of 21 is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the 35 imprisonment of individuals who have no previous convictions), “retained (devolved) direct EU legislation” means any direct EU legislation which forms part of Scots law by virtue of section 3 (as modified by or under this Act or by any other provision of Scots law from time to time, and including any instruments made under it on or after exit day), UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 21 Part 6—General and final provisions “retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made, “subordinate legislation” means— 5 (a) any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, or (b) any instrument made under an Act of the Scottish Parliament, and (except where there is a contrary intention) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or 10 after exit day under any retained (devolved) direct EU legislation, “Treaty of Lisbon” means the Treaty of Lisbon Amending the Treaty on European Union and the Treaty establishing the European Community signed at Lisbon on 13 December 2007, “tribunal” means any tribunal in which legal proceedings may be brought, 15 “UK withdrawal agreement” means an agreement (whether or not ratified) between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU. (2) In this Act references to when an enactment is passed are, in the case of an Act of the 20 Scottish Parliament, references to the date on which the Bill for that Act received Royal Assent. (3) In this Act references to anything which continues to be Scots law by virtue of section 2 include references to anything to which subsection (1) of that section applies which continues to be Scots law on or after exit day (whether or not it would have done so 25 irrespective of that section). (4) References in this Act to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon. (5) Any other reference in this Act to— 30 (a) an Article of the Treaty on European Union or the Treaty on the Functioning of the European Union, or (b) Article 10 of Title VII of Protocol 36 to those treaties, includes a reference to that Article as applied by Article 106a of the Euratom Treaty. 28 Meaning of “exit day” 35 (1) In this Act, “exit day” means such day as the Scottish Ministers may by regulations appoint. (2) The power under subsection (1) to appoint a day includes a power to appoint a time on that day. (3) Where the Scottish Ministers appoint a time as well as a day as exit day, references in 40 this Act to before, after or on that day, or to beginning with that day, are accordingly to be read as references to before, after or at that time on that day or (as the case may be) to beginning with that time on that day. 22 UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill Part 6—General and final provisions 29 Meaning of “exempt EU instruments” (1) This section sets out what are “exempt EU instruments” for the purpose of the meaning of direct EU legislation (see section 3(2)(a)(i)). (2) An EU decision is “an exempt EU instrument” so far as it is, in accordance with a 5 relevant Protocol, not applicable to the United Kingdom immediately before exit day. (3) If any decision under Title V...