A court or tribunal—
Subject to this and subsections (3) to (6), a court or tribunal may have regard to anything done on or after IP completion day by the European Court, another EU entity or the EU so far as it is relevant to any matter before the court or tribunal.
Any question as to the validity, meaning or effect of any assimilated law is to be decided, so far as that law is unmodified on or after IP completion day and so far as they are relevant to it—
But—
In deciding whether to depart from any assimilated EU case law by virtue of subsection (4)(a) or (b), the Supreme Court or the High Court of Justiciary must apply the same test as it would apply in deciding whether to depart from its own case law.
A Minister of the Crown may by regulations provide for—
Regulations under subsection (5A) may (among other things) provide for—
Before making regulations under subsection (5A), a Minister of the Crown must consult—
No regulations may be made under subsection (5A) after IP completion day.
Subsection (3) does not prevent the validity, meaning or effect of any assimilated law which has been modified on or after IP completion day from being decided as provided for in that subsection if doing so is consistent with the intention of the modifications.
Subsections (1) to (6) are subject to relevant separation agreement law (for which see section 7C).
In this Act—
"assimilated case law" means—assimilated domestic case law, andassimilated EU case law;
"assimilated domestic case law" means any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before IP completion day and so far as they—(as those principles and decisions are modified by or under this Act or by other domestic law from time to time); relate to anything to which section 2 or 3 applies, andare not excluded by section 5 or Schedule 1,
"assimilated EU case law" means any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before IP completion day and so far as they—(as those principles and decisions are modified by or under this Act or by other domestic law from time to time); relate to anything to which section 2 or 3 applies, andare not excluded by section 5 or Schedule 1,
"assimilated law" means anything which, on or after IP completion day, continues to be, or forms part of, domestic law by virtue of section 2 or 3 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time);
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