SCHEDULES
SCHEDULE 1Further provision about exceptions to savings and incorporation
Challenges to validity of retained EU law
I11
1
There is no right in domestic law on or after exit day to challenge any retained EU law on the basis that, immediately before exit day, an EU instrument was invalid.
2
Sub-paragraph (1) does not apply so far as—
a
the European Court has decided before exit 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.
General principles of EU law
2
3
1
2
a
disapply or quash any enactment or other rule of law, or
b
quash any conduct or otherwise decide that it is unlawful,
because it is incompatible with any of the general principles of EU law.
Rule in Francovich
4
Interpretation
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 exit dayIP completion day in accordance with this Act.
2
Accordingly (among other things) the references to the principle of the supremacy of EU law in section 5(2) and (3) do not include anything which would bring into domestic law any modification of EU law which is adopted or notified, comes into force or only applies on or after exit dayIP completion day.