SCHEDULES

F1SCHEDULE 1Further provision about exceptions to savings and incorporation

Annotations:
Amendments (Textual)
F1

Words 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 retained EU law

I11

I2C11

There is no right in domestic law on or after F1IP completion day to challenge any retained EU law on the basis that, immediately before F1IP completion day, an EU instrument was invalid.

2

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

I2a

the European Court has decided before F1IP completion day that the instrument is invalid, or

I3b

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.