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European Union (Withdrawal) Act 2018

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Changes over time for: Cross Heading: Retention of saved EU law at end of implementation period

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Retention of [F1saved EU law at end of implementation period] U.K.

[F237AU.K.The repeal of section 1A(1) to (4) by section 1A(5) and the repeal of section 1B(1) to (5) by section 1B(6) do not prevent an enactment to which section 2 applies from continuing to be read, on and after IP completion day and by virtue of section 2, in accordance with section 1B(3) or (4).]

38U.K.Section 4(2)(b) does not apply in relation to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they are of a kind recognised by a court or tribunal in the United Kingdom in a case decided on or after [F3IP completion day] but begun before [F3IP completion day] (whether or not as an essential part of the decision in the case).

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Commencement Information

I1Sch. 8 para. 38 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 20, 21)

39(1)Subject as follows and subject to [F4relevant separation agreement law (for which see section 7C) and] any provision made by regulations under section 23(6) [F5of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020], section 5(4) and paragraphs 1 to 4 of Schedule 1 apply in relation to anything occurring before [F6IP completion day] (as well as anything occurring on or after [F6IP completion day]).U.K.

(2)Section 5(4) and paragraphs 1 to 4 of Schedule 1 do not affect any decision of a court or tribunal made before [F6IP completion day].

(3)Section 5(4) and paragraphs 3 and 4 of Schedule 1 do not apply in relation to any proceedings begun, but not finally decided, before a court or tribunal in the United Kingdom before [F6IP completion day].

(4)Paragraphs 1 to 4 of Schedule 1 do not apply in relation to any conduct which occurred before [F6IP completion day] which gives rise to any criminal liability.

(5)Paragraph 3 of Schedule 1 does not apply in relation to any proceedings begun within the period of three years beginning with [F6IP completion day] so far as—

(a)the proceedings involve a challenge to anything which occurred before [F6IP completion day], and

(b)the challenge is not for the disapplication or quashing of—

(i)an Act of Parliament or a rule of law which is not an enactment, or

(ii)any enactment, or anything else, not falling within sub-paragraph (i) which, as a result of anything falling within that sub-paragraph, could not have been different or which gives effect to, or enforces, anything falling within that sub-paragraph.

(6)Paragraph 3(2) of Schedule 1 does not apply in relation to any decision of a court or tribunal, or other public authority, on or after [F6IP completion day] which is a necessary consequence of any decision of a court or tribunal made before [F6IP completion day] or made on or after that day by virtue of this paragraph.

(7)Paragraph 4 of Schedule 1 does not apply in relation to any proceedings begun within the period of two years beginning with [F6IP completion day] so far as the proceedings relate to anything which occurred before [F6IP completion day].

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