Retention of existing EU law
4Saving for rights etc. under section 2(1) of the ECA
1
Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before exit 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 exit 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, 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 exit 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).