European Union (Withdrawal) Act 2018

Section 15(1) and (2)

SCHEDULE 5 Publication and rules of evidence

Part 1 Publication of retained direct EU legislation etc.

Things that must or may be published

1 (1) The Queen’s Printer must make arrangements for the publication of—

(a) each relevant instrument that has been published before exit day by an EU entity, and

(b) the relevant international agreements.

(2) In this paragraph—

• “relevant instrument” means—

  (a)

  an EU regulation,

  (b)

  an EU decision, and

  (c)

  EU tertiary legislation;

• “relevant international agreements” means—

  (a)

  the Treaty on European Union,

  (b)

  the Treaty on the Functioning of the European Union,

  (c)

  the Euratom Treaty, and

  (d)

  the EEA agreement.

(3) The Queen’s Printer may make arrangements for the publication of—

(a) any decision of, or expression of opinion by, the European Court, or

(b) any other document published by an EU entity.

(4) The Queen’s Printer may make arrangements for the publication of anything which the Queen’s Printer considers may be useful in connection with anything published under this paragraph.

(5) This paragraph does not require the publication of—

(a) anything repealed before exit day, or

(b) any modifications made on or after exit day.

Exceptions from duty to publish

2 (1) A Minister of the Crown may create an exception from the duty under paragraph 1(1) in respect of a relevant instrument if satisfied that it has not become (or will not become, on exit day) retained direct EU legislation.

(2) An exception is created by giving a direction to the Queen’s Printer specifying the instrument or category of instruments that are excepted.

(3) A Minister of the Crown must publish any direction under this paragraph.

(4) In this paragraph—

• “instrument” includes part of an instrument;

• “relevant instrument” has the meaning given by paragraph 1(2).

Part 2 Rules 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).