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

SCHEDULES

SCHEDULE 5 U.K. Publication and rules of evidence

Part 1 U.K. Publication of retained direct EU legislation etc.

Things that must or may be published U.K.

1 (1) The Queen's Printer must make arrangements for the publication of— U.K.

(a) each relevant instrument that has been published before [F1 IP completion day] by an EU entity, and

(b) the relevant international agreements.

(2) In this paragraph—

• “relevant instrument” means—

  (a)

  an EU regulation,

  (b)

  an EU decision, and

  (c)

  EU tertiary legislation;

• “relevant international agreements” means—

  (a)

  the Treaty on European Union,

  (b)

  the Treaty on the Functioning of the European Union,

  (c)

  the Euratom Treaty, and

  (d)

  the EEA agreement.

(3) The Queen's Printer may make arrangements for the publication of—

(a) any decision of, or expression of opinion by, the European Court, or

(b) any other document published by an EU entity.

(4) The Queen's Printer may make arrangements for the publication of anything which the Queen's Printer considers may be useful in connection with anything published under this paragraph.

(5) This paragraph does not require the publication of—

(a) anything repealed before [F2 IP completion day], or

(b) any modifications made on or after [F3 IP completion day].

Textual Amendments

F1 Words in Sch. 5 para. 1(1)(a) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 48(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxi)

F2 Words in Sch. 5 para. 1(5)(a) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 48(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxi)

F3 Words in Sch. 5 para. 1(5)(b) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 48(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxi)

Modifications etc. (not altering text)

C1 Sch. 5 para. 1(1) excluded (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 4, 9(3)

Commencement Information

I1 Sch. 5 para. 1 in force at 3.7.2019 by S.I. 2019/1077, reg. 2(a)

Exceptions from duty to publish U.K.

2 (1) A Minister of the Crown may create an exception from the duty under paragraph 1(1) in respect of a relevant instrument if satisfied that it has not become (or will not become, on [F4 IP completion day]) retained direct EU legislation. U.K.

(2) An exception is created by giving a direction to the Queen's Printer specifying the instrument or category of instruments that are excepted.

(3) A Minister of the Crown must publish any direction under this paragraph.

(4) In this paragraph—

• “instrument” includes part of an instrument;

• “relevant instrument” has the meaning given by paragraph 1(2).

Textual Amendments

F4 Words in Sch. 5 para. 2(1) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 48(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxi)

Commencement Information

I2 Sch. 5 para. 2 in force at 4.7.2018 by S.I. 2018/808, reg. 3(d)