Section 6(5A)

A Minister of the Crown may by regulations provide for— a court or tribunal to be a relevant court or (as the case may be) a relevant tribunal for the purposes of this section, the extent to which, or circumstances in which, a relevant court or relevant tribunal is not to be bound by retained EU case law, the test which a relevant court or relevant tribunal must apply in deciding whether to depart from any retained EU case law, or considerations which are to be relevant to— the Supreme Court or the High Court of Justiciary in applying the test mentioned in subsection (5), or a relevant court or relevant tribunal in applying any test provided for by virtue of paragraph (c) above.

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Source: legislation.gov.uk · retrieved 2026-07-30