Retention of [F1saved EU law at end of implementation period] U.K.
Textual Amendments
F1Words in Sch. 8 para. 38 cross-heading substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
[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).]
Textual Amendments
F2Sch. 8 para. 37A inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(3) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
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).
Textual Amendments
F3Words in Sch. 8 para. 38 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(4) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
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 [F61 and 4] of Schedule 1 apply in relation to anything occurring before [F7IP completion day] (as well as anything occurring on or after [F7IP completion day]).U.K.
(2)Section 5(4) and paragraphs [F81 and 4] of Schedule 1 do not affect any decision of a court or tribunal made before [F7IP completion day].
(3)Section 5(4) and [F9paragraph] 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 [F7IP completion day].
(4)Paragraphs [F101 and 4] of Schedule 1 do not apply in relation to any conduct which occurred before [F7IP completion day] which gives rise to any criminal liability.
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Paragraph 4 of Schedule 1 does not apply in relation to any proceedings begun within the period of two years beginning with [F7IP completion day] so far as the proceedings relate to anything which occurred before [F7IP completion day].
Textual Amendments
F4Words in Sch. 8 para. 39(1) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(b)(i) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F5Words in Sch. 8 para. 39(1) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(b)(ii) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F6Words in Sch. 8 para. 39(1) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(a), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F7Words in Sch. 8 para. 39 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F8Words in Sch. 8 para. 39(2) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(b), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F9Word in Sch. 8 para. 39(3) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(c), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F10Words in Sch. 8 para. 39(4) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(d), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F11Sch. 8 para. 39(5)(6) omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(e), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
Commencement Information
I2Sch. 8 para. 39 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 20, 21)