The European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide which courts are relevant courts for the purposes of section 6 of the European Union (Withdrawal) Act 2018 (c. 16) (the Act). This means that they are not bound by retained EU case law to the extent provided by these Regulations. Retained EU case law is defined under section 6(7) of the Act as any principles laid down by, and any decisions of, the Court of Justice of the European Union, as they have effect in EU law immediately before IP completion day, subject to certain exceptions, as those principles and decisions are modified by or under the Act or other domestic law from time to time.

Regulation 3 provides that the Court Martial Appeal Court, the Court of Appeal in England and Wales, the Inner House of the Court of Session, the High Court of Justiciary (when acting as a court of appeal in a devolution or compatibility issue), the Registration Appeal Court in Scotland, the Lands Valuation Appeal Court and the Court of Appeal in Northern Ireland are relevant courts for the purposes of section 6 of the Act.

Regulation 4 provides that the relevant courts are not bound by retained EU case law, except so far that retained EU case law is modified or applied by any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect on or after IP completion day, which are binding on the relevant courts.

Regulation 5 provides that in deciding to depart from any retained EU case law, the relevant courts must apply the same test as the Supreme Court would apply in deciding whether to depart from the case law of the Supreme Court.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from legislation.gov.uk.