Explanatory Notes

Lords Amendments to Clause 26: Interpretation of retained EU law and relevant separation agreement law

Lords Amendment 2*

14 Lords Amendment 2* would remove the provision in the Bill which provides that a relevant court or relevant tribunal is not bound by retained EU case law as may be provided for in regulations made under subsection (5A).

Lords Amendment 3*

15 Lords Amendment 3* would have the effect of removing subsections (5A) to (5D) (which includes the power to make regulations referred to in the amendment immediately above) and in their place substitutes a new subsection (5A). New subsection (5A) would provide that any court or tribunal in the UK, other than the Supreme Court or High Court of Justiciary, where it considers that there should be a departure from retained EU case law which is relevant to an issue before it must (i) set out the reasons in its judgment for that opinion and (ii) refer the question to the Supreme Court or High Court of Justiciary.

16 If the Supreme Court or High Court of Justiciary gives leave for the case to proceed, it must decide whether to depart from EU case law on the issue before it.


Prepared 21st January 2020