SCHEDULES

F2SCHEDULE 1Further provision about exceptions to savings and incorporation

Challenges to validity of F1assimilated law

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.

(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.