4Saving for rights etc. under section 2(1) of the ECAU.K.
(1)Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before [F1IP 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 [F1IP 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,
[F2(aa)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 [F3IP 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) [F4and section 5A (savings and incorporation: supplementary)].
Textual Amendments
F1Words in s. 4(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)
F2S. 4(2)(aa) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(b)(i), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)
F3Words in s. 4(2)(b) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(b)(ii), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)
F4Words in s. 4(3) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(3)(c), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)
Modifications etc. (not altering text)
C1S. 4 excluded (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 2
C2S. 4 excluded (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 68, 87(1); S.I. 2023/33, reg. 3(g)
C3S. 4(1) excluded (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 7 para. 1(2); S.I. 2020/1642, reg. 4(a)
C4S. 4(1) excluded (23.7.2020 for specified purposes) by Finance Act 2019 (c. 1), ss. 76(3), 79(1) (as substituted by 2020 c. 14, Sch. 12 para. 8(2))
Commencement Information
I1S. 4 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(c)