Challenges to validity of [F1assimilated] lawU.K.
Textual Amendments
F1Word in Sch. 1 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(11) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
1(1)There is no right in domestic law on or after [F2IP completion day] to challenge any [F1assimilated] law on the basis that, immediately before [F2IP completion day], an EU instrument was invalid.U.K.
(2)Sub-paragraph (1) does not apply so far as—
(a)the European Court has decided before [F2IP 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.
Textual Amendments
F2Words in Sch. 1 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)
Modifications etc. (not altering text)
C1Sch. 1 para. 1(1) excluded (31.12.2020) by The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 (S.I. 2019/673), regs. 1, 3 (as amended by S.I. 2020/1503), regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 1 para. 1(2)(b) in force for specified purposes and Sch. 1 para. 1(3) in force at 4.7.2018 by S.I. 2018/808, reg. 3(a)
I2Sch. 1 para. 1(1)(2)(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)
I3Sch. 1 para. 1(2)(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(k)