6 Role of courts
Retained EU Law (Revocation and Reform) Act 2023 (2023 c 28) | Legislation

Interpretation and effect of retained EU law

6  Role of courts

(1)     Section 6 of the European Union (Withdrawal) Act 2018 (interpretation of retained EU law) is amended as specified in subsections (2) to (7).

(2)     In subsection (4) (courts not bound by retained case law)—

(a)     in paragraph (b)—

(i)     in sub-paragraph (i) omit the words from “otherwise” to “1998)”;

(ii)     after sub-paragraph (ii) (and on a new line) insert “(except, when sitting as a court of appeal in relation to a compatibility issue or devolution issue, so far as there is relevant domestic case law which modifies or applies the retained EU case law and is binding on the court);”;

(b)     for paragraph (ba) substitute—

“(ba)     a relevant appeal court is not bound by any retained EU case law (except so far as there is relevant domestic case law which modifies or applies the retained EU case law and is binding on the relevant appeal court), and”;

(c)     after paragraph (c) (and on a new line) insert “and see also subsection (5ZA) below and sections 6A to 6C.”

(3)     For subsection (5) substitute—

“(5)     In deciding whether to depart from any retained EU case

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