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European Union (Withdrawal) Act 2018

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Section 5(6)

F1SCHEDULE 1U.K.Further provision about exceptions to savings and incorporation

This schedule has no associated Explanatory Notes

Textual Amendments

F1Words in Sch. 1 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)

Challenges to validity of [F2assimilated] lawU.K.

1(1)There is no right in domestic law on or after [F1IP completion day] to challenge any [F2assimilated] law on the basis that, immediately before [F1IP completion day], an EU instrument was invalid.U.K.

(2)Sub-paragraph (1) does not apply so far as—

(a)the European Court has decided before [F1IP completion day] that the instrument is invalid, or

(b)the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.

(3)Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.

Modifications etc. (not altering text)

Commencement Information

I1Sch. 1 para. 1(2)(b) in force for specified purposes and Sch. 1 para. 1(3) in force at 4.7.2018 by S.I. 2018/808, reg. 3(a)

I2Sch. 1 para. 1(1)(2)(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)

I3Sch. 1 para. 1(2)(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(k)

F3...U.K.

F42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule in FrancovichU.K.

4U.K.There is no right in domestic law on or after [F1IP completion day] to damages in accordance with the rule in Francovich.

Commencement Information

I4Sch. 1 para. 4 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)

InterpretationU.K.

5(1)References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after [F1IP completion day] [F6by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act].U.K.

F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5Sch. 1 para. 5 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)

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