Regulation 3 Challenges which may continue relating to the validity of EU instrumentsI1
United Kingdom
Paragraph 1(1) of Schedule 1 to European Union (Withdrawal) Act 2018 does not apply in relation to a challenge to retained EU law where—
the challenge is on the basis that, immediately before F1IP completion day, 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; and
the challenge relates to proceedings begun, but not finally decided, in a court or tribunal in the United Kingdom before F2IP completion day.
A challenge falls with paragraph (1) whether or not, before F3IP completion day, the court or tribunal has made a preliminary reference to the European Court under Article 267 TFEU in relation to that challenge.
Annotations
Textual amendments
- F1
Words in reg. 3(1)(a) substituted (31.12.2020) by The Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503), regs. 1, 2(2)(a)
- F2
Words in reg. 3(1)(b) substituted (31.12.2020) by The Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503), regs. 1, 2(2)(b)
- F3
Words in reg. 3(2) substituted (31.12.2020) by The Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503), regs. 1, 2(2)(c)
Commencement
- I1
Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1