Retention of F11saved EU law at end of implementation period
5C1Exceptions to savings and incorporation
F9A1
The principle of the supremacy of EU law is not part of domestic law.
This applies after the end of 2023, in relation to any enactment or rule of law (whenever passed or made).
A2
Any provision of F7assimilated direct legislation—
a
must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and
b
is subject to all domestic enactments, so far as it is incompatible with them.
A3
Subsection (A2) is subject to—
a
section 186 of the Data Protection Act 2018 (data subject’s rights and other prohibitions and restrictions);
b
regulations under section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023.
F5A4
No general principle of EU law is part of domestic law after the end of 2023.
F81
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F82
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F83
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I24
The Charter of Fundamental Rights is not part of domestic law on or after F10IP completion day.
F25
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I1I36
Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.
I2F37
Subsections F4(A1) to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).
F18
In this section “domestic enactment” means an enactment other than one consisting of F6assimilated direct legislation.
Words in s. 2 cross-heading substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 39 (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)