SCHEDULES
F2SCHEDULE 1Further provision about exceptions to savings and incorporation
Challenges to validity of F3assimilated law
Word in Sch. 1 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(11) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
I11
I2C11
2
Sub-paragraph (1) does not apply so far as—
I3b
the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.
3
Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.
F4...
Sch. 1 para. 2 cross-heading omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(6), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F52
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F63
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Rule in Francovich
I54
There is no right in domestic law on or after F2IP completion day to damages in accordance with the rule in Francovich.
Interpretation
I45
1
References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after F2IP completion dayF1by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act.
F72
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Words in Sch. 1 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)