P ART 6 G ENERAL AND FINAL PROVISIONS 20 Interpretation 27 Interpretation: general (1) In this Act— “the 1972 Act” means the European Communities Act 1972, “Charter of Fundamental Rights” means the Charter of Fundamental Rights of the 25 European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007, “the EEA” means the European Economic Area, “enactment” (except in section 2 or where there is otherwise a contrary intention) includes any retained (devolved) direct legislation, 30 “EU decision” means— (a) a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or (b) a decision under former Article 34(2)(c) of the Treaty on European Union, 35 “EU directive” means a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union, “EU entity” means an EU institution or any office, body or agency of the EU, 24 UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill Part 6—General and final provisions “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 (c) any other reference which relates to the EU , 5 “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— (i) an EU regulation, 10 (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 European Union or former Article 202 of the Treaty establishing the 15 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), but does not include any such provision or measure which is an EU directive, 20 “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, “Minister of the Crown” has the same meaning as in the Ministers of the Crown 25 Act 1975, “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly), “primary legislation” means— (a) an Act of Parliament, 30 (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 imprisonment of individuals who have no previous convictions), 35 “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), “retrospective provision”, in relation to provision made by regulations, means 40 provision taking effect from a date earlier than the date on which the regulations are made, UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 25 Part 6—General and final provisions “subordinate legislation” means— (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, 5 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 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 10 13 December 2007, “tribunal” means any tribunal in which legal proceedings may be brought, “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 15 withdrawal from the EU. (2) In this Act references to when an enactment is passed are, in the case of an Act of the 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 20 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 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 25 Treaty of Lisbon. (5) Any other reference in this Act to— (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, 30 includes a reference to that Article as applied by Article 106a of the Euratom Treaty. 28 Meaning of “exit day” (1) In this Act, “exit day” means the day that the United Kingdom leaves the EU. (3) Where the United Kingdom leaves the EU at a specific time on exit day, references in this Act to before, after or on that day, or to beginning with that day, are accordingly to 35 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. (4) For the purposes of this section, the United Kingdom leaves the EU when the Treaty on European Union and the Treaty on the Functioning of the European Union cease to apply to the United Kingdom as a consequence of UK withdrawal. 26 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...