Paragraph 70.2 Declarations from the court in solemn or summary proceedings that an EU instrument was invalid – noticesF1
This rule applies to solemn and summary proceedings.
Where a party to solemn or summary proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before IP completion day, or the court is considering whether to make such a declaration at its own instance in the proceedings—
notice in Form 70.2-A is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made—
by the party seeking the declaration; or
by the clerk of court,
as the case may be; and
where notice is given by the party seeking the declaration, the party must lodge a certificate of notification with the court.
Annotations
Textual amendments
- F1
Sch. 2 Ch. 70 inserted (31.12.2020) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Challenges to Validity of EU Instruments (EU Exit)) 2019 (S.S.I. 2019/330), paras. 1(2), 2(2); 2020 c. 1, Sch. 5 para. 1(1) (as amended by S.S.I. 2020/470, paras. 1(2), 2(2))