Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Challenges to Validity of EU Instruments (EU Exit)) 2019

CHAPTER 70CHALLENGES TO VALIDITY OF EU INSTRUMENTS (EU EXIT)

Interpretation and application70

1

In this Chapter—

• “the 2019 Regulations” means the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 F4;

• “EU instrument” has the meaning provided in schedule 1 of the Interpretation Act 1978 F5;

• “other proceedings” means criminal proceedings, including bills of advocation and bills of suspension, which are not solemn proceedings or summary proceedings to which regulation 3 of the 2019 Regulations applies;

• “solemn proceedings” means any such proceedings to which regulation 3 of the 2019 Regulations applies;

• “summary proceedings” means any such proceedings to which regulation 3 of the 2019 Regulations applies;

• “TFEU” means the Treaty on the Functioning of the European Union including the Protocols thereto F6;

• “the relevant UK authorities” has the meaning provided by regulation 2 of the 2019 Regulations.

2

This Chapter applies to challenges to the validity of an EU instrument, as provided for by regulation 3 of the 2019 Regulations.

Declarations from the court in solemn or summary proceedings that an EU instrument was invalid – notices70

1

This rule applies to solemn and summary proceedings.

2

Where a party to solemn or summary proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before F7IP completion day, or the court is considering whether to make such a declaration at its own instance in the proceedings—

a

notice in Form 70.2-A is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made—

i

by the party seeking the declaration; or

ii

by the clerk of court,

as the case may be; and

b

where notice is given by the party seeking the declaration, the party must lodge a certificate of notification with the court.

Relevant UK authorities joining solemn or summary proceedings70

Where any of the relevant UK authorities wish to be joined as a party to solemn or summary proceedings they must give notice to that effect in Form 70.3-A to the clerk of court and must serve a copy of the notice on all other parties in the proceedings.

Declarations from the court in other proceedings that an EU instrument was invalid – notices70

1

This rule applies to other proceedings.

2

Where a party to other proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before F7IP completion day, or the court is considering whether to make such a declaration at its own instance in the proceedings—

a

the issue must be raised as a point of law in the pleadings;

b

notice in Form 70.2-A is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made—

i

by the party seeking the declaration; or

ii

by the clerk of court,

as the case may be; and

c

where notice is given by the party seeking the declaration, the party must lodge a certificate of notification with the court.

Relevant UK authorities joining other proceedings70

Where any of the relevant UK authorities wish to be joined as a party to other proceedings they must give notice to that effect in Form 70.3-A to the clerk of court and must serve a copy of the notice on all other parties in the proceedings.