Data retention directive "invalid"

Roland Perry lists at
Tue Apr 8 15:23:43 BST 2014

In article 
<CAEWR3ks6BD2odfsZdOZ3qSxn1NABAzzFyC+bho5NYO=t2uxKYg at>, 
Francis Davey <fjmd1a at> writes
>I haven't had to deal with this sort of question before and I haven't 
>had time to research the point: what is the effect of the invalidation 
>of an EU directive on UK implementing regulations under s.2(2) of the 
>European Communities Act and in particular is that effect retrospective?
>My assumption was that the regulations would be automatically ultra 
>vires and therefore of no effect prospectively (with no real idea what 
>happens retrospectively) but I haven't stumbled on a clear statement of 
>principle anywhere. Various lists (of lawyers) I am on haven't come up 
>with anything better. The answer is probably clear if I had time to 
>investigate (for a fee...). 

Although I haven't had any practical involvement in this regulatory area 
for many years, my inclination is that UK regulations predate the 
transposition of the Directive, and that Plan B in the UK would be to 
fall back onto voluntary arrangements made in the immediate aftermath of 
Roland Perry

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