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European Union (Withdrawal) Act 2018 (c. 16) (EUWA)Introductory TextRepeal of the ECA (s. 1)1. Repeal of the European Communities Act 1972Savings for implementation period (ss. 1A-1B)1A. Saving for ECA for implementation period1B. Saving for EU-derived domestic legislation for implementation periodRetention of saved EU law at end of implementation period (ss. 2-7)2. Saving for EU-derived domestic legislation3. Incorporation of direct EU legislation4. Saving for rights etc. under section 2(1) of the ECA5. Exceptions to savings and incorporation5A. Savings and incorporation: supplementary6. Interpretation of assimilated lawDraft 6A. References on retained case law by lower courts or tribunalsDraft 6B. References on retained case law by UK or devolved law officersDraft 6C. Interventions on retained case law by UK or devolved law officers6D. Incompatibility orders7. Status of assimilated lawFurther aspects of withdrawal (ss. 7A-7C)7A. General implementation of remainder of withdrawal agreement7B. General implementation of EEA EFTA and Swiss agreements7C. Interpretation of relevant separation agreement lawMain powers in connection with withdrawal (ss. 8-9)8. Dealing with deficiencies arising from withdrawal8A. Supplementary power in connection with implementation period8B. Power in connection with certain other separation issues8C. Power in connection with Ireland/Northern Ireland Protocol in withdrawal agreement9. Implementing the withdrawal agreementDevolution (ss. 10-12)10. Protection for North-South co-operation and prevention of new border arrangements11. Powers involving devolved authorities corresponding to sections 8 to 8C12. Retaining EU restrictions in devolution legislation etc.Parliamentary oversight of withdrawal (ss. 13A-13C)13. Parliamentary approval of the outcome of negotiations with the EU13A. Review of EU legislation during implementation period13B. Certain dispute procedures under withdrawal agreement13C. Bills affecting trade between Northern Ireland and other parts of the United KingdomFinancial and other matters (ss. 14-19)14. Financial provision15. Publication and rules of evidence15A. Prohibition on extending implementation period15B. Ministerial co-chairs of the Joint Committee15C. No use of written procedure in the Joint Committee16. Maintenance of environmental principles etc.17. Family unity for those seeking asylum or other protection in Europe18. Customs arrangement as part of the framework for the future relationship19. Future interaction with the law and agencies of the EUGeneral and final provision (ss. 20-25)20. Interpretation21. Index of defined expressions22. Regulations23. Consequential and transitional provision24. Extent25. Commencement and short titleSchedule 1 Further provision about exceptions to savings and incorporationSchedule 2 Corresponding powers involving devolved authoritiesSchedule 2, Part 1 Dealing with deficiencies arising from withdrawal (paras. 1-11)Schedule 2, Part 1A Provision in connection with implementation period (paras. 11A-11F)Schedule 2, Part 1B Provision in connection with certain other separation issues (paras. 11G-11L)Schedule 2, Part 1C Provision in connection with protocol on Ireland/Northern Ireland (paras. 11M-11R)Schedule 2, Part 2 Implementing the withdrawal agreement (paras. 12-19)Schedule 3 Further amendments of devolution legislation and reporting requirementSchedule 3, Part 1 Corresponding provision in relation to executive competence (paras. 1-3)Schedule 3, Part 2 Reports in connection with retained EU law restrictions (paras. 4-5)Schedule 3, Part 3 Other Amendments of Devolution Legislation (paras. 6-62)Schedule 4 Powers in Connection with Fees and ChargesSchedule 4, Part 1 Charging in Connection with Certain New Functions (paras. 1-6)Schedule 4, Part 2 Modifying Pre-Exit Fees or Charges (paras. 7-11)Schedule 5 Publication and Rules of EvidenceSchedule 5, Part 1 Publication of Retained Direct EU Legislation etc. (paras. 1-2)Schedule 5, Part 2 Rules of Evidence (paras. 3-4)Schedule 6 Instruments which are Exempt EU InstrumentsSchedule 7 RegulationsSchedule 7, Part 1 Scrutiny of Powers to Deal with Deficiencies (paras. 1-8)Schedule 7, Part 1A Scrutiny of specific powers relating to withdrawal agreement etc. (paras. 8A-8G)Schedule 7, Part 2 Scrutiny of Other Powers Under Act (paras. 9-19)Schedule 7, Part 3 General Provision about Powers under Act (paras. 20-38)Schedule 8 Consequential, Transitional, Transitory and Saving ProvisionSchedule 8, Part 1 General Consequential Provision (paras. 1-16)Schedule 8, Part 2 Specific Consequential Provision (paras. 17-36)Schedule 8, Part 3 General Transitional, Transitory or Saving Provision (paras. 36A-37)Schedule 8, Part 4 Specific Transitional, Transitory and Saving Provision (paras. 37A-45)Schedule 9 Additional Repeals
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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

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