European Union (Withdrawal) Act 2018, Cross Heading: Challenges to validity of assimilated law is up to date with all changes known to be in force on or before 05 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Textual Amendments
F1Word in Sch. 1 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(11) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
1(1)There is no right in domestic law on or after [F2IP completion day] to challenge any [F1assimilated] law on the basis that, immediately before [F2IP 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 [F2IP 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.
Textual Amendments
F2Words 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)
Modifications etc. (not altering text)
C1Sch. 1 para. 1(1) excluded (31.12.2020) by The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 (S.I. 2019/673), regs. 1, 3 (as amended by S.I. 2020/1503), regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)
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)
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