Directly applicable EU law, which is currently given effect through ECA, s.2(1) is referred to as “converted legislation” and covers: EU regulations; EU decisions; EU tertiary legislation; Direct EU legislation as it applies with adaptations to the European Economic Area; and any other rights which are available in domestic law by virtue of ECA, s.2(1), including the rights contained in the EU treaties, that can currently be relied on directly in national law without the need for specific implementing measures. This corpus of EU law will be converted and incorporated into UK law immediately before exit from the EU. The second category of retained legislation is “preserved legislation”, which comprises: regulations made under ECA, s.2(2) or Sch.2, para.1A; other primary and secondary legislation with the same purpose as regulations under ECA, s.2(2); other domestic legislation which relates to the above, or to converted legislation, or otherwise relates to the EU or EEA. This corpus of legislation will be preserved as it exists immediately before exit from the EU.

EUWB, cl.6 sets out the relationship between the ECJ and domestic courts and tribunals after exit. The validity, meaning or effect of any retained EU law is to be decided in accordance with any retained case law and any retained general principles of EU law, and having regard to the limits, immediately before exit day, of EU competences. Decisions of the ECJ made after exit day will not be binding on domestic (UK) courts. Domestic courts cannot refer cases to the ECJ on or after exit day and are not required to have regard to anything done by the EU or an EU entity on or after exit day. However, domestic courts, when interpreting retained EU law, will be able to consider post-exit EU actions including ECJ case law if they consider it appropriate. The UK Supreme Court (SC) and the High Court of Justiciary (HCJ) are not bound by either retained general principles or retained ECJ case law. In deciding whether to depart from any retained EU case law, the SC or the