SCHEDULES

SCHEDULE 5Publication and rules of evidence

Section 15(1) and (2)

Part 1Publication of retained direct EU legislation etc.

Things that must or may be published

1

1

The Queen's Printer must make arrangements for the publication of—

a

each relevant instrument that has been published before exit day by an EU entity, and

b

the relevant international agreements.

2

In this paragraph—

  • “relevant instrument” means—

    1. a

      an EU regulation,

    2. b

      an EU decision, and

    3. c

      EU tertiary legislation;

  • “relevant international agreements” means—

    1. a

      the Treaty on European Union,

    2. b

      the Treaty on the Functioning of the European Union,

    3. c

      the Euratom Treaty, and

    4. d

      the EEA agreement.

3

The Queen's Printer may make arrangements for the publication of—

a

any decision of, or expression of opinion by, the European Court, or

b

any other document published by an EU entity.

4

The Queen's Printer may make arrangements for the publication of anything which the Queen's Printer considers may be useful in connection with anything published under this paragraph.

5

This paragraph does not require the publication of—

a

anything repealed before exit day, or

b

any modifications made on or after exit day.

Exceptions from duty to publish

I12

1

A Minister of the Crown may create an exception from the duty under paragraph 1(1) in respect of a relevant instrument if satisfied that it has not become (or will not become, on exit day) retained direct EU legislation.

2

An exception is created by giving a direction to the Queen's Printer specifying the instrument or category of instruments that are excepted.

3

A Minister of the Crown must publish any direction under this paragraph.

4

In this paragraph—

  • “instrument” includes part of an instrument;

  • “relevant instrument” has the meaning given by paragraph 1(2).

Part 2Rules of evidence

Questions as to meaning of EU law

3

1

Where it is necessary, for the purpose of interpreting retained EU law in legal proceedings, to decide a question as to—

a

the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or

b

the validity, meaning or effect in EU law of any EU instrument,

the question is to be treated for that purpose as a question of law.

2

In this paragraph—

  • “interpreting retained EU law” means deciding any question as to the validity, meaning or effect of any retained EU law;

  • “treaty” includes—

    1. a

      any international agreement, and

    2. b

      any protocol or annex to a treaty or international agreement.

Power to make provision about judicial notice and admissibility

I24

1

A Minister of the Crown may by regulations—

a

make provision enabling or requiring judicial notice to be taken of a relevant matter, or

b

provide for the admissibility in any legal proceedings of specified evidence of—

i

a relevant matter, or

ii

instruments or documents issued by or in the custody of an EU entity.

2

Regulations under sub-paragraph (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).

3

Regulations under this paragraph may modify any provision made by or under an enactment.

4

In sub-paragraph (3) “enactment” does not include primary legislation passed or made after the end of the Session in which this Act is passed.

5

For the purposes of this paragraph each of the following is a “relevant matter”—

a

retained EU law,

b

EU law,

c

the EEA agreement, and

d

anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) or (c).