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European Union (Withdrawal) Act 2018

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Section 5(6)

SCHEDULE 1E+W+S+N.I.Further provision about exceptions to savings and incorporation

This schedule has no associated Explanatory Notes

Challenges to validity of retained EU lawE+W+S+N.I.

1(1)There is no right in domestic law on or after exit day to challenge any retained EU law on the basis that, immediately before exit day, an EU instrument was invalid.E+W+S+N.I.

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

(a)the European Court has decided before exit 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 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)

Prospective

General principles of EU lawE+W+S+N.I.

2No general principle of EU law is part of domestic law on or after exit day if it was not recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case).E+W+S+N.I.

3(1)There is no right of action in domestic law on or after exit day based on a failure to comply with any of the general principles of EU law.E+W+S+N.I.

(2)No court or tribunal or other public authority may, on or after exit 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.

Prospective

Rule in FrancovichE+W+S+N.I.

4There is no right in domestic law on or after exit day to damages in accordance with the rule in Francovich.E+W+S+N.I.

Prospective

InterpretationE+W+S+N.I.

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 exit day in accordance with this Act.E+W+S+N.I.

(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 exit day.

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