EU derived Welsh law

8Rules of evidence etc.

1

Where it is necessary, for the purpose of interpreting EU derived Welsh law in legal proceedings, to decide a question as to—

a

the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or

b

the validity, meaning or effect in EU law of any EU instrument,

the question is to be treated for that purpose as a question of law.

2

In this section—

  • “interpreting EU derived Welsh law” (“dehongli cyfraith Cymru sy'n deillio o'r UE”) means deciding any question as to the validity, meaning or effect of any EU derived Welsh law;

  • “treaty” (“cytuniad”) includes—

    1. a

      any international agreement, and

    2. b

      any protocol or annex to a treaty or international agreement.

3

The Welsh Ministers may by regulations—

a

make provision enabling or requiring judicial notice to be taken of a relevant matter, or

b

provide for the admissibility in any legal proceedings of specified evidence of—

i

a relevant matter, or

ii

instruments or documents issued by or in the custody of an EU entity,

for the purpose of interpreting EU derived Welsh law.

4

Regulations under subsection (3)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).

5

Regulations under this section may modify any provision made by or under an enactment.

6

For the purposes of this section, each of the following is a “relevant matter”—

a

EU law,

b

the EEA agreement, and

c

anything that is specified in the regulations and that relates to a matter mentioned in paragraph (a) or (b).