Section 26: Interpretation of retained EU law and relevant separation agreement law

European Union (Withdrawal Agreement) Act 2020 · 2020 c. 1View on legislation.gov.uk

Part 4: Other subject areas

In section 6 of the European Union (Withdrawal) Act 2018 (interpretation of retained EU law)—

for "exit day", wherever it appears, substitute ," IP completion day "
in subsection (4), after paragraph (b) (but before the "and" at the end of the paragraph) insert—baa relevant court or relevant tribunal is not bound by any retained EU case law so far as is provided for by regulations under subsection (5A),,
in subsection (5) after "EU case law" insert ," by virtue of subsection (4)(a) or (b) "
after subsection (5) insert—5AA Minister of the Crown may by regulations provide for—aa court or tribunal to be a relevant court or (as the case may be) a relevant tribunal for the purposes of this section,bthe extent to which, or circumstances in which, a relevant court or relevant tribunal is not to be bound by retained EU case law,cthe test which a relevant court or relevant tribunal must apply in deciding whether to depart from any retained EU case law, ordconsiderations which are to be relevant to—ithe Supreme Court or the High Court of Justiciary in applying the test mentioned in subsection (5), oriia relevant court or relevant tribunal in applying any test provided for by virtue of paragraph (c) above.5BRegulations under subsection (5A) may (among other things) provide for—athe High Court of Justiciary to be a relevant court when sitting otherwise than as mentioned in subsection (4)(b)(i) and (ii),bthe extent to which, or circumstances in which, a relevant court or relevant tribunal not being bound by retained EU case law includes (or does not include) that court or tribunal not being bound by retained domestic case law which relates to retained EU case law,cother matters arising in relation to retained domestic case law which relates to retained EU case law (including by making provision of a kind which could be made in relation to retained EU case law), ordthe test mentioned in paragraph (c) of subsection (5A) or the considerations mentioned in paragraph (d) of that subsection to be determined (whether with or without the consent of a Minister of the Crown) by a person mentioned in subsection (5C)(a) to (e) or by more than one of those persons acting jointly.5CBefore making regulations under subsection (5A), a Minister of the Crown must consult—athe President of the Supreme Court,bthe Lord Chief Justice of England and Wales,cthe Lord President of the Court of Session,dthe Lord Chief Justice of Northern Ireland,ethe Senior President of Tribunals, andfsuch other persons as the Minister of the Crown considers appropriate.5DNo regulations may be made under subsection (5A) after IP completion day., and
after subsection (6) insert—6ASubsections (1) to (6) are subject to relevant separation agreement law (for which see section 7C).

After section 7B of that Act (general implementation of EEA EFTA and Swiss agreements) (for which see section 6 above) insert—

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.