Search Legislation

European Union (Withdrawal) Act 2018

Status:

This is the original version (as it was originally enacted).

Part 2Rules of evidence

Questions as to meaning of EU law

3(1)Where it is necessary, for the purpose of interpreting retained EU law in 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.

(2)In this paragraph—

  • “interpreting retained EU law” means deciding any question as to the validity, meaning or effect of any retained EU law;

  • “treaty” includes—

    (a)

    any international agreement, and

    (b)

    any protocol or annex to a treaty or international agreement.

Power to make provision about judicial notice and admissibility

4(1)A Minister of the Crown may by regulations—

(a)make provision enabling or requiring judicial notice to be taken of a relevant matter, or

(b)provide for the admissibility in any legal proceedings of specified evidence of—

(i)a relevant matter, or

(ii)instruments or documents issued by or in the custody of an EU entity.

(2)Regulations under sub-paragraph (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 paragraph may modify any provision made by or under an enactment.

(4)In sub-paragraph (3) “enactment” does not include primary legislation passed or made after the end of the Session in which this Act is passed.

(5)For the purposes of this paragraph each of the following is a “relevant matter”—

(a)retained 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).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources