Challenges which may continue relating to the validity of EU instrumentsU.K.
3.—(1) Paragraph 1(1) of Schedule 1 to European Union (Withdrawal) Act 2018 does not apply in relation to a challenge to retained EU law where—
(a)the challenge is on the basis that, immediately before [F1IP completion day], an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before [F1IP completion day]; and
(b)the challenge relates to proceedings begun, but not finally decided, in a court or tribunal in the United Kingdom before [F2IP completion day].
(2) A challenge falls with paragraph (1) whether or not, before [F3IP completion day], the court or tribunal has made a preliminary reference to the European Court under Article 267 TFEU in relation to that challenge.
Textual Amendments
F1Words in reg. 3(1)(a) substituted (31.12.2020) by The Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503), regs. 1, 2(2)(a)
F2Words in reg. 3(1)(b) substituted (31.12.2020) by The Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503), regs. 1, 2(2)(b)
F3Words in reg. 3(2) substituted (31.12.2020) by The Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503), regs. 1, 2(2)(c)
Commencement Information
I1Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1