SCHEDULES

F2SCHEDULE 1Further provision about exceptions to savings and incorporation

Section 5(6)

Annotations:
Amendments (Textual)
F2

Words 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 F3assimilated law

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Amendments (Textual)

I11

I2C11

There is no right in domestic law on or after F2IP completion day to challenge any F3assimilated law on the basis that, immediately before F2IP completion day, an EU instrument was invalid.

2

Sub-paragraph (1) does not apply so far as—

I2a

the European Court has decided before F2IP completion day that the instrument is invalid, or

I3b

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.

F4...

Annotations:
Amendments (Textual)

F52

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F63

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Rule in Francovich

I54

There is no right in domestic law on or after F2IP completion day to damages in accordance with the rule in Francovich.

Interpretation

I45

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 F2IP completion dayF1by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act.

F72

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