European Union (Withdrawal) Act 2018

4 Saving for rights etc. under section 2(1) of the ECA U.K.

(1) Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before [F1 IP completion day]—

(a) are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, and

(b) are enforced, allowed and followed accordingly,

continue on and after [F1 IP completion day] to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

(2) Subsection (1) does not apply to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they—

(a) form part of domestic law by virtue of section 3,

[F2 (aa) are, or are to be, recognised and available in domestic law (and enforced, allowed and followed accordingly) by virtue of section 7A or 7B,] or

(b) arise under an EU directive (including as applied by the EEA agreement) and are not of a kind recognised by the European Court or any court or tribunal in the United Kingdom in a case decided before [F3 IP completion day] (whether or not as an essential part of the decision in the case).

(3) This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) [F4 and section 5A (savings and incorporation: supplementary)].

Textual Amendments

F1 Words in s. 4(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)

F2 S. 4(2)(aa) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(b)(i), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)

F3 Words in s. 4(2)(b) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(b)(ii), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)

F4 Words in s. 4(3) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(c), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)

Modifications etc. (not altering text)

C1 S. 4 excluded (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 2

C2 S. 4 excluded (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 68, 87(1); S.I. 2023/33, reg. 3(g)

C3 S. 4(1) excluded (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 7 para. 1(2); S.I. 2020/1642, reg. 4(a)

C4 S. 4(1) excluded (23.7.2020 for specified purposes) by Finance Act 2019 (c. 1), ss. 76(3), 79(1) (as substituted by 2020 c. 14, Sch. 12 para. 8(2))

Commencement Information

I1 S. 4 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(c)