Retention of existing EU law

I1C24Saving for rights etc. under section 2(1) of the ECA

C3C11

Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before F4IP completion day—

a

are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, and

b

are enforced, allowed and followed accordingly,

continue on and after F4IP completion day to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

2

Subsection (1) does not apply to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they—

a

form part of domestic law by virtue of section 3,

F2aa

are, or are to be, recognised and available in domestic law (and enforced, allowed and followed accordingly) by virtue of section 7A or 7B, or

b

arise under an EU directive (including as applied by the EEA agreement) and are not of a kind recognised by the European Court or any court or tribunal in the United Kingdom in a case decided before F1IP completion day (whether or not as an essential part of the decision in the case).

3

This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) F3and section 5A (savings and incorporation: supplementary).