European Union (Withdrawal) Act 2018 (c. 16)

SCHEDULES

SCHEDULE 5 Publication and rules of evidence

Part 2 Rules of evidence

Questions as to meaning of EU law

3 (1) Where it is necessary, for the purpose of interpreting retained EU law in legal proceedings, to decide a question as to—

(a) the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or

(b) the validity, meaning or effect in EU law of any EU instrument,

the question is to be treated for that purpose as a question of law.

(2) In this paragraph—

• “interpreting retained EU law” means deciding any question as to the validity, meaning or effect of any retained EU law;

• “treaty” includes—

  (a)

  any international agreement, and

  (b)

  any protocol or annex to a treaty or international agreement.