SCHEDULES

SCHEDULE 8U.K.Consequential, transitional, transitory and saving provision

Part 4 U.K.Specific transitional, transitory and saving provision

Retention of [F1saved EU law at end of implementation period] U.K.

Textual Amendments

39(1)Subject as follows and subject to [F2relevant separation agreement law (for which see section 7C) and] any provision made by regulations under section 23(6) [F3of 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 [F4IP completion day] (as well as anything occurring on or after [F4IP 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 [F4IP 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 [F4IP completion day].

(4)Paragraphs 1 to 4 of Schedule 1 do not apply in relation to any conduct which occurred before [F4IP 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 [F4IP completion day] so far as—

(a)the proceedings involve a challenge to anything which occurred before [F4IP 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 [F4IP completion day] which is a necessary consequence of any decision of a court or tribunal made before [F4IP 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 [F4IP completion day] so far as the proceedings relate to anything which occurred before [F4IP completion day].

Textual Amendments

Commencement Information

I1Sch. 8 para. 39 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 20, 21)