Section 2 Interpretation and status

Section 6 of the European Union (Withdrawal) Act 2018 (interpretation) applies for the purposes of this Act as it applies for the purposes of that Act and, in particular, it applies when a court or tribunal is deciding a question as to the validity, meaning or effect of F1assimilated law governing the CAP direct payment schemes as it applies when a court or tribunal is deciding a question as to the validity, meaning or effect of F2assimilated law within the meaning given by that section.

In its application as mentioned in subsection (1), section 6 of that Act has effect with the modifications in subsections (5) and (6).

The following provisions of the European Union (Withdrawal) Act 2018 apply in relation to the modification by domestic law of F3assimilated direct CAP legislation as they apply in relation to the modification by domestic law of F4assimilated direct legislation within the meaning given by section 20(1) of that Act —

In their application as mentioned in subsection (3), the provisions mentioned in paragraphs (a) and (b) have effect with the modifications in subsection (5).

To the extent that they are applied for the purposes of subsections (1) and (3), the provisions of the European Union (Withdrawal) Act 2018 in question have effect as if any reference in them to an expression listed in the first column of the following Table were a reference to the corresponding expression in the second column.

In the definitions in section 6(7) of the European Union (Withdrawal) Act 2018 of “F10assimilated domestic case law” F11and “assimilated EU case law” F12... (as applied for the purposes of subsection (1) above)—

When a court or tribunal is deciding any question as to the validity, meaning or effect of subordinate legislation which is both—

section 6 of that Act applies with the modifications made by this section so far as the question relates to the validity, meaning or effect of the subordinate legislation as assimilated law governing the CAP direct payment schemes.

For the purposes of the Human Rights Act 1998—

In subsection (8), “amend”, “primary legislation” and “subordinate legislation” have the same meaning as in the Human Rights Act 1998.

In this Act—

• “F16assimilated law governing the CAP direct payment schemes” means—

  1. (a)

     the EU legislation listed in section 1(3) that forms part of domestic law by virtue of section 1(1), and

  2. (b)

     any subordinate legislation relating to that legislation,

  as that body of law is added to or otherwise modified by domestic law from time to time;

• “F17assimilated direct CAP legislation” means the EU legislation listed in section 1(3) that forms part of domestic law by virtue of section 1(1) (as modified by domestic law from time to time, and including any instruments made under it on or after exit day).

The following provisions come into force (to the extent that they are not already in force) for the purposes of their application under this section at the same time as this section comes into force—