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UK Law Reference
All sections of European Union (Withdrawal) Act 2018
2018 c. 16, s.5

Section 5 — Exceptions to savings and incorporation

Extent: E+W+S+N.I.

This version in force from 2025-08-20

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(A1) [F1 The principle of the supremacy of EU law is not part of domestic law.]

(A2) [F1 Any provision of [F2 assimilated direct] legislation—]

(a) [F1 must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and]

(b) [F1 is subject to all domestic enactments, so far as it is incompatible with them.]

(A3) [F1 Subsection (A2) is subject to—]

(a) [F1 [F3 sections 183A and] 186 of the Data Protection Act 2018 [F4 (protection of prohibitions, restrictions and data subject’s rights)] [F5 (and see also section 183B(3) of that Act)];]

(b) [F1 regulations under section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023.]

(A4) [F6 No general principle of EU law is part of domestic law after the end of 2023.]

(4) The Charter of Fundamental Rights is not part of domestic law on or after [F7 IP completion day].

(6) Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.

(7) [F8 Subsections [F9 (A1)] to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).]

(8) [F10 In this section “domestic enactment” means an enactment other than one consisting of [F11 assimilated direct] legislation.]

Amendment notes

  1. F1 S. 5(A1)-(A3) inserted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 3(1), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(a)
  2. F2 Words in s. 5(A2) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(2) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
  3. F3 Words in s. 5(A3)(a) substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 106(6)(a), 142(1); S.I. 2025/904, reg. 2(k)
  4. F4 Words in s. 5(A3)(a) substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 106(6)(b), 142(1); S.I. 2025/904, reg. 2(k)
  5. F5 Words in s. 5(A3)(a) inserted (1.1.2024) by Data (Use and Access) Act 2025 (c. 18), ss. 106(6)(c)(7), 142(1); S.I. 2025/904, reg. 2(k)
  6. F6 S. 5(A4) inserted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(2)(a), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
  7. F7 Words in s. 5(1)-(5) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(4)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(d)
  8. F8 S. 5(7) inserted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(4)(b), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)
  9. F9 Word in s. 5(7) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 3(3)(a)(ii), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(a)
  10. F10 S. 5(8) inserted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 3(2), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(a)
  11. F11 Words in s. 5(8) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(2) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)