SCHEDULES

SCHEDULE 5Publication and rules of evidence

Part 2Rules of evidence

Questions as to meaning of EU law

I23

1

Where it is necessary, F6in 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 F1... as a question of law.

2

In this paragraph—

  • F3...

  • “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

I14

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 F4IP completion day.

5

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

F7a

assimilated law,

b

EU law,

c

the EEA agreement,

F5ca

the EEA EFTA separation agreement,

cb

the Swiss citizens' rights agreement,

cc

the withdrawal agreement, and

d

anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) F2, (c), (ca), (cb) or (cc).