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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2024 - onwards
  Version 5 of 5    

Schedule 1 Further provision about exceptions to savings and incorporation

Section 5(6)

Challenges to validity of assimilated law

1

(1) There is no right in domestic law on or after IP completion day to challenge any assimilated law on the basis that, immediately before IP completion day, an EU instrument was invalid.

(2) Sub-paragraph (1) does not apply so far as -

(a) the European Court has decided before IP completion day that the instrument is invalid, or

(b) the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.

(3) Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.

2 [deleted]

3[deleted]

Rule in Francovich

4 There is no right in domestic law on or after IP completion day to damages in accordance with the rule in Francovich.

Interpretation

5

(1) References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental

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