European Union (Withdrawal) Act 2018, Section 6D is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This section applies if a court or tribunal decides, in the course of any proceedings—
(a)that a provision of [F2assimilated direct] legislation is incompatible with, and by virtue of section 5(A2)(b) subject to, any domestic enactment, or
(b)that a domestic enactment is incompatible with, and by virtue of section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 subject to, a provision of [F3assimilated direct] legislation.
(2)The court or tribunal must make an order (an “incompatibility order”) to that effect (in addition to any exercise of other powers that it may have in relation to the proceedings).
(3)An incompatibility order may (among other things)—
(a)set out the effect of the relevant provision in its operation in relation to that particular case;
(b)delay the coming into force of the order;
(c)remove or limit any effect of the operation of the relevant provision before the coming into force of the order.
(4)Provision included in an incompatibility order may be made subject to conditions.
(5)In this section—
“domestic enactment” has the same meaning as in section 5 of this Act;
“the relevant provision” means section 5(A2)(b) of this Act or section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 (as the case may be).]
Textual Amendments
F1S. 6D inserted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 8, 22(3); S.I. 2023/1363, reg. 3(d)
F2Words in s. 6D(1)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(7) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
F3Words in s. 6D(1)(b) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(7) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
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