European Union (Withdrawal) Act 2018

Part 2 U.K.Rules of evidence

Questions as to meaning of EU lawU.K.

3(1)Where it is necessary, [F1in legal proceedings], to decide a question as to—U.K.

(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 F2... as a question of law.

(2)In this paragraph—

  • F3...

  • “treaty” includes—

    (a)

    any international agreement, and

    (b)

    any protocol or annex to a treaty or international agreement.

Textual Amendments

Commencement Information

I1Sch. 5 para. 3 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(m)

Power to make provision about judicial notice and admissibilityU.K.

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

(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 [F4IP completion day].

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

[F5(a)assimilated law,]

(b)EU law,

(c)the EEA agreement,

[F6(ca)the EEA EFTA separation agreement,

(cb)the Swiss citizens' rights agreement,

(cc)the withdrawal agreement,] and

(d)anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) [F7, (c), (ca), (cb) or (cc)].

Textual Amendments

Commencement Information

I2Sch. 5 para. 4 in force at 4.7.2018 by S.I. 2018/808, reg. 3(e)