European Union (Withdrawal) Act 2018

Section 5(6)

SCHEDULE 1 U.K. Further provision about exceptions to savings and incorporation

Challenges to validity of retained EU law U.K.

1 (1) There is no right in domestic law on or after [F1 exit day] [F1 IP completion day] to challenge any retained EU law on the basis that, immediately before [F1 exit day] [F1 IP completion day], an EU instrument was invalid. U.K.

(2) Sub-paragraph (1) does not apply so far as—

(a) the European Court has decided before [F1 exit day] [F1 IP completion day] that the instrument is invalid, or

(b) the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.

(3) Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.

Textual Amendments

F1 Words in Sch. 1 substituted (31.1.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h)

Commencement Information

I1 Sch. 1 para. 1(2)(b) in force for specified purposes and Sch. 1 para. 1(3) in force at 4.7.2018 by S.I. 2018/808, reg. 3(a)

Yn ddilys o 31/12/2020

General principles of EU law U.K.

2 U.K. No general principle of EU law is part of domestic law on or after [F1 exit day] [F1 IP completion day] if it was not recognised as a general principle of EU law by the European Court in a case decided before [F1 exit day] [F1 IP completion day] (whether or not as an essential part of the decision in the case).

Textual Amendments

F1 Words in Sch. 1 substituted (31.1.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h)

3 (1) There is no right of action in domestic law on or after [F1 exit day] [F1 IP completion day] based on a failure to comply with any of the general principles of EU law. U.K.

(2) No court or tribunal or other public authority may, on or after [F1 exit day] [F1 IP completion day] —

(a) disapply or quash any enactment or other rule of law, or

(b) quash any conduct or otherwise decide that it is unlawful,

because it is incompatible with any of the general principles of EU law.

Textual Amendments

F1 Words in Sch. 1 substituted (31.1.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h)

Yn ddilys o 31/12/2020

Rule in Francovich U.K.

4 U.K. There is no right in domestic law on or after [F1 exit day] [F1 IP completion day] to damages in accordance with the rule in Francovich.

Textual Amendments

F1 Words in Sch. 1 substituted (31.1.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h)

Yn ddilys o 31/12/2020

Interpretation U.K.

5 (1) References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after [F1 exit day] [F1 IP completion day] in accordance with this Act. U.K.

(2) Accordingly (among other things) the references to the principle of the supremacy of EU law in section 5(2) and (3) do not include anything which would bring into domestic law any modification of EU law which is adopted or notified, comes into force or only applies on or after [F1 exit day] [F1 IP completion day].

Textual Amendments

F1 Words in Sch. 1 substituted (31.1.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h)