Law Derived from the European Union (Wales) Act 2018

8 Rules of evidence etc.

(1) Where it is necessary, for the purpose of interpreting EU derived Welsh 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 section—

• “interpreting EU derived Welsh law” (“dehongli cyfraith Cymru sy’n deillio o’r UE”) means deciding any question as to the validity, meaning or effect of any EU derived Welsh law;

• “treaty” (“cytuniad”) includes—

  (a)

  any international agreement, and

  (b)

  any protocol or annex to a treaty or international agreement.

(3) The Welsh Ministers 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,

for the purpose of interpreting EU derived Welsh law.

(4) Regulations under subsection (3)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).

(5) Regulations under this section may modify any provision made by or under an enactment.

(6) For the purposes of this section, each of the following is a “relevant matter”—

(a) EU law,

(b) the EEA agreement, and

(c) anything that is specified in the regulations and that relates to a matter mentioned in paragraph (a) or (b).