European Union (Withdrawal) Act 2018

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.

Power to make provision about judicial notice and admissibility

4 (1) A Minister of the Crown may by regulations—

(a) make provision enabling or requiring judicial notice to be taken of a relevant matter, or

(b) provide for the admissibility in any legal proceedings of specified evidence of—

(i) a relevant matter, or

(ii) instruments or documents issued by or in the custody of an EU entity.

(2) Regulations under sub-paragraph (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).

(3) Regulations under this paragraph may modify any provision made by or under an enactment.

(4) In sub-paragraph (3) “enactment” does not include primary legislation passed or made after the end of the Session in which this Act is passed.

(5) For the purposes of this paragraph each of the following is a “relevant matter”—

(a) retained EU law,

(b) EU law,

(c) the EEA agreement, and

(d) anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) or (c).