European Union (Withdrawal) Act 2018

Retention of [F1 saved EU law at end of implementation period] U.K.

Textual Amendments

F1 Words 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)

[F2 37A U.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

F2 Sch. 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)

38 U.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 [F3 IP completion day] but begun before [F3 IP completion day] (whether or not as an essential part of the decision in the case).

Textual Amendments

F3 Words 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

I1 Sch. 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 [F4 relevant separation agreement law (for which see section 7C) and] any provision made by regulations under section 23(6) [F5 of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020], section 5(4) and paragraphs 1 to 4 of Schedule 1 apply in relation to anything occurring before [F6 IP completion day] (as well as anything occurring on or after [F6 IP completion day]). U.K.

(2) Section 5(4) and paragraphs 1 to 4 of Schedule 1 do not affect any decision of a court or tribunal made before [F6 IP completion day].

(3) Section 5(4) and paragraphs 3 and 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 [F6 IP completion day].

(4) Paragraphs 1 to 4 of Schedule 1 do not apply in relation to any conduct which occurred before [F6 IP completion day] which gives rise to any criminal liability.

(5) Paragraph 3 of Schedule 1 does not apply in relation to any proceedings begun within the period of three years beginning with [F6 IP completion day] so far as—

(a) the proceedings involve a challenge to anything which occurred before [F6 IP completion day], and

(b) the challenge is not for the disapplication or quashing of—

(i) an Act of Parliament or a rule of law which is not an enactment, or

(ii) any enactment, or anything else, not falling within sub-paragraph (i) which, as a result of anything falling within that sub-paragraph, could not have been different or which gives effect to, or enforces, anything falling within that sub-paragraph.

(6) Paragraph 3(2) of Schedule 1 does not apply in relation to any decision of a court or tribunal, or other public authority, on or after [F6 IP completion day] which is a necessary consequence of any decision of a court or tribunal made before [F6 IP completion day] or made on or after that day by virtue of this paragraph.

(7) Paragraph 4 of Schedule 1 does not apply in relation to any proceedings begun within the period of two years beginning with [F6 IP completion day] so far as the proceedings relate to anything which occurred before [F6 IP completion day].

Textual Amendments

F4 Words 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)

F5 Words 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)

F6 Words 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)

Commencement Information

I2 Sch. 8 para. 39 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 20, 21)