Consequential, transitional, transitory and saving provision

Part of European Union (Withdrawal) Bill – in the House of Commons at 4:30 pm on 17th January 2018.

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Amendments made: 37, page 62, line 25, at end insert—

‘( ) Paragraph 3 of Schedule 1 does not apply in relation to any proceedings begun within the period of 3 months beginning with exit day so far as—

(a) the proceedings involve a challenge to anything which occurred before exit day, and

(b) the challenge is not for the disapplication or quashing of—

(i) an Act of Parliament or a rule of law which is not an enactment, or

(ii) any enactment, or anything else, not falling within sub-paragraph (i) which, as a result of anything falling within that sub-paragraph, could not have been different or which gives effect to, or enforces, anything falling within that sub-paragraph.”

This amendment amends the effect of paragraph 3 of Schedule 1 by permitting legal challenges on or after exit day based on the general principles of EU law where those challenges relate to anything which happened before exit day, are made within 3 months of exit day and are not for the disapplication or quashing of an Act of Parliament or the common law or anything related to them.

Amendment 38, page 62, line 29, at end insert

“or made on or after that day by virtue of this paragraph”.—(Mr Baker.)

This amendment ensures that paragraph 3(2) of Schedule 1 does not prevent certain legal challenges and other action on or after exit day on the basis of incompatibility with any of the general principles of EU law where those challenges or that action is also based on the necessary consequences of a decision of a court or tribunal made on or after exit day as a result of amendment 37 or under other transitional provisions in paragraph 27 of Schedule 8.

Third Reading

Queen’s consent signified.