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European Union (Withdrawal) Act 2018
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- UK Public General Acts
- 2018 c. 16
- SCHEDULE 1
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Changes over time for: SCHEDULE 1
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Changes to legislation:
European Union (Withdrawal) Act 2018, SCHEDULE 1 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(5ZA) inserted by 2023 c. 28 s. 6(4)
- s. 6(6B) inserted by 2023 c. 28 s. 6(6)
- s. 6A-6C inserted by 2023 c. 28 s. 6(8)
- s. 6A word substituted by 2023 c. 28 Sch. 2 para. 8(4)
- s. 6B word substituted by 2023 c. 28 Sch. 2 para. 8(5)
- s. 6C word substituted by 2023 c. 28 Sch. 2 para. 8(6)
Section 5(6)
F1SCHEDULE 1U.K.Further provision about exceptions to savings and incorporation
This schedule has no associated Explanatory Notes
Textual Amendments
F1Words 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)
Challenges to validity of [F2assimilated] lawU.K.
Textual Amendments
F2Word 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)
1(1)There is no right in domestic law on or after [F1IP completion day] to challenge any [F2assimilated] law on the basis that, immediately before [F1IP completion day], an EU instrument was invalid.U.K.
(2)Sub-paragraph (1) does not apply so far as—
(a)the European Court has decided before [F1IP completion day] that the instrument is invalid, or
(b)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.
Modifications etc. (not altering text)
C1Sch. 1 para. 1(1) excluded (31.12.2020) by The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 (S.I. 2019/673), regs. 1, 3 (as amended by S.I. 2020/1503), regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 1 para. 1(2)(b) in force for specified purposes and Sch. 1 para. 1(3) in force at 4.7.2018 by S.I. 2018/808, reg. 3(a)
I2Sch. 1 para. 1(1)(2)(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)
I3Sch. 1 para. 1(2)(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(k)
F3...U.K.
Textual Amendments
F3Sch. 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)
F42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1 para. 2 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)
F53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 1 para. 3 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)
Rule in FrancovichU.K.
4U.K.There is no right in domestic law on or after [F1IP completion day] to damages in accordance with the rule in Francovich.
Commencement Information
I4Sch. 1 para. 4 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)
InterpretationU.K.
5(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 [F1IP completion day] [F6by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act].U.K.
F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Words in Sch. 1 para. 5(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(b), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)
F7Sch. 1 para. 5(2) omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 3(3)(c), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(a)
Commencement Information
I5Sch. 1 para. 5 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)
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