Draft Regulations laid before Parliament under paragraph 9A of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.
2020 No.
The European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 6(5A)(a), (b) and (c) and (5B)(a) of the European Union (Withdrawal) Act 20181.
In accordance with section 6(5C) of that Act, the Secretary of State has carried out the necessary consultations.
In accordance with paragraph 9A of Schedule 7 to that Act2, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Citation and commencement1
These Regulations may be cited as the European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020 and come into force on IP completion day.
Interpretation2
In these Regulations—
“the 2018 Act” means the European Union (Withdrawal) Act 2018;
“post-transition case law” means any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect on or after IP completion day.
Relevant courts3
For the purposes of section 6 of the 2018 Act, each of the following is a relevant court—
a
the Court Martial Appeal Court,
b
the Court of Appeal in England and Wales,
c
the Inner House of the Court of Session,
d
e
the court for hearing appeals under section 57(1)(b) of the Representation of the People Act 19835,
f
the Lands Valuation Appeal Court, and
g
the Court of Appeal in Northern Ireland.
Extent to which a relevant court is not bound by retained EU case law4
1
A relevant court is not bound by any retained EU case law6 except as provided in paragraph (2).
2
A relevant court is bound by retained EU case law so far as there is post-transition case law which modifies or applies that retained EU case law and which is binding on the relevant court.
Test to be applied5
In deciding whether to depart from any retained EU case law by virtue of section 6(4)(ba) of the 2018 Act and these Regulations, a relevant court must apply the same test as the Supreme Court would apply in deciding whether to depart from the case law of the Supreme Court.
(This note is not part of the Regulations)