xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

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

5Exceptions to savings and incorporationU.K.

(1)The principle of the supremacy of EU law does not apply to any enactment or rule of law passed or made on or after [F2IP completion day].

(2)Accordingly, the principle of the supremacy of EU law continues to apply on or after [F2IP completion day] so far as relevant to the interpretation, disapplication or quashing of any enactment or rule of law passed or made before [F2IP completion day].

(3)Subsection (1) does not prevent the principle of the supremacy of EU law from applying to a modification made on or after [F2IP completion day] of any enactment or rule of law passed or made before [F2IP completion day] if the application of the principle is consistent with the intention of the modification.

(4)The Charter of Fundamental Rights is not part of domestic law on or after [F2IP completion day].

(5)Subsection (4) does not affect the retention in domestic law on or after [F2IP completion day] in accordance with this Act of any fundamental rights or principles which exist irrespective of the Charter (and references to the Charter in any case law are, so far as necessary for this purpose, to be read as if they were references to any corresponding retained fundamental rights or principles).

(6)Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.

[F3(7)Subsections (1) to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).]

Textual Amendments

F3S. 5(7) inserted (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(4)(b), 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)

Commencement Information

I1S. 5(1)-(5)(7) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(d)

I2S. 5(6) in force at 4.7.2018 for specified purposes by S.I. 2018/808, reg. 3(a)

I3S. 5(6) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(d)