- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As enacted)
Version Superseded: 01/01/2024
Point in time view as at 31/12/2020.
European Union (Withdrawal) Act 2018, Paragraph 39 is up to date with all changes known to be in force on or before 14 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
39(1)Subject as follows and subject to [F1relevant separation agreement law (for which see section 7C) and] any provision made by regulations under section 23(6) [F2of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020], section 5(4) and paragraphs 1 to 4 of Schedule 1 apply in relation to anything occurring before [F3IP completion day] (as well as anything occurring on or after [F3IP completion day]).U.K.
(2)Section 5(4) and paragraphs 1 to 4 of Schedule 1 do not affect any decision of a court or tribunal made before [F3IP completion day].
(3)Section 5(4) and paragraphs 3 and 4 of Schedule 1 do not apply in relation to any proceedings begun, but not finally decided, before a court or tribunal in the United Kingdom before [F3IP completion day].
(4)Paragraphs 1 to 4 of Schedule 1 do not apply in relation to any conduct which occurred before [F3IP completion day] which gives rise to any criminal liability.
(5)Paragraph 3 of Schedule 1 does not apply in relation to any proceedings begun within the period of three years beginning with [F3IP completion day] so far as—
(a)the proceedings involve a challenge to anything which occurred before [F3IP completion day], and
(b)the challenge is not for the disapplication or quashing of—
(i)an Act of Parliament or a rule of law which is not an enactment, or
(ii)any enactment, or anything else, not falling within sub-paragraph (i) which, as a result of anything falling within that sub-paragraph, could not have been different or which gives effect to, or enforces, anything falling within that sub-paragraph.
(6)Paragraph 3(2) of Schedule 1 does not apply in relation to any decision of a court or tribunal, or other public authority, on or after [F3IP completion day] which is a necessary consequence of any decision of a court or tribunal made before [F3IP completion day] or made on or after that day by virtue of this paragraph.
(7)Paragraph 4 of Schedule 1 does not apply in relation to any proceedings begun within the period of two years beginning with [F3IP completion day] so far as the proceedings relate to anything which occurred before [F3IP completion day].
Textual Amendments
F1Words in Sch. 8 para. 39(1) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(b)(i) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F2Words in Sch. 8 para. 39(1) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(b)(ii) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F3Words in Sch. 8 para. 39 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(5)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
Commencement Information
I1Sch. 8 para. 39 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 20, 21)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: