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European Union (Withdrawal) Act 2018
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- UK Public General Acts
- 2018 c. 16
- SCHEDULE 8
- Part 4
- Retention of saved EU...
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Changes over time for: Cross Heading: Retention of saved EU law at end of implementation period
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Changes to legislation:
European Union (Withdrawal) Act 2018, Cross Heading: Retention of saved EU law at end of implementation period is up to date with all changes known to be in force on or before 01 January 2025. 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 Schedule 8 Part 4 Crossheading Retention-of-existing-eu-law:
- 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)
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)
Retention of [F1saved EU law at end of implementation period] U.K.
Textual Amendments
F1Words in Sch. 8 para. 38 cross-heading substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
[F237AU.K.The repeal of section 1A(1) to (4) by section 1A(5) and the repeal of section 1B(1) to (5) by section 1B(6) do not prevent an enactment to which section 2 applies from continuing to be read, on and after IP completion day and by virtue of section 2, in accordance with section 1B(3) or (4).]
Textual Amendments
F2Sch. 8 para. 37A inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(3) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
38U.K.Section 4(2)(b) does not apply in relation to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they are of a kind recognised by a court or tribunal in the United Kingdom in a case decided on or after [F3IP completion day] but begun before [F3IP completion day] (whether or not as an essential part of the decision in the case).
Textual Amendments
F3Words in Sch. 8 para. 38 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(4) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
Commencement Information
I1Sch. 8 para. 38 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 20, 21)
39(1)Subject as follows and subject to [F4relevant separation agreement law (for which see section 7C) and] any provision made by regulations under section 23(6) [F5of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020], section 5(4) and paragraphs [F61 and 4] of Schedule 1 apply in relation to anything occurring before [F7IP completion day] (as well as anything occurring on or after [F7IP completion day]).U.K.
(2)Section 5(4) and paragraphs [F81 and 4] of Schedule 1 do not affect any decision of a court or tribunal made before [F7IP completion day].
(3)Section 5(4) and [F9paragraph] 4 of Schedule 1 do not apply in relation to any proceedings begun, but not finally decided, before a court or tribunal in the United Kingdom before [F7IP completion day].
(4)Paragraphs [F101 and 4] of Schedule 1 do not apply in relation to any conduct which occurred before [F7IP completion day] which gives rise to any criminal liability.
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Paragraph 4 of Schedule 1 does not apply in relation to any proceedings begun within the period of two years beginning with [F7IP completion day] so far as the proceedings relate to anything which occurred before [F7IP completion day].
Textual Amendments
F4Words in Sch. 8 para. 39(1) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(b)(i) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F5Words in Sch. 8 para. 39(1) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(b)(ii) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F6Words in Sch. 8 para. 39(1) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(a), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F7Words in Sch. 8 para. 39 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F8Words in Sch. 8 para. 39(2) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(b), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F9Word in Sch. 8 para. 39(3) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(c), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F10Words in Sch. 8 para. 39(4) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(d), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F11Sch. 8 para. 39(5)(6) omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(7)(e), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
Commencement Information
I2Sch. 8 para. 39 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 20, 21)
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