Interpretation and effect of retained EU Law Section 8: Incompatibility orders
This section inserts a new section 6D into EUWA, making provision as to the remedies which the courts may grant following the repeal of the supremacy principle. These apply in cases where the courts are applying the new priority rule for domestic legislation over RDEUL in section 5(A2) of EUWA inserted by section 3(1) of the Act, or the contrary priority rule applied by secondary legislation made under the power in section 7(1).
	New section 6D (1) and (2) require a court to make an "incompatibility order" where it concludes that provisions of domestic legislation and RDEUL cannot be interpreted consistently with one another.
	New section 6D(3) provides that a court may adapt the terms and effect of an incompatibility order according to the case before it. The order may:
set out the effect in the case concerned of one provision taking priority over another;
delay the coming into force of the order, or
remove or limit the effect of the operation of the relevant provision in other ways before the incompatibility order comes into force, for example, where this might give rise to unfairness to individuals or other effects contrary to the public interest.
	New section 6D(4) allows the court to make an incompatibility order subject to conditions.
	New section 6D(5) defines "domestic enactment" consistently with its meaning elsewhere in EUWA as provided for by the Act. It also defines "the relevant provision" by reference to section 5(A2)(b) of EUWA and section 7(1) of the Act, which relate to, respectively, the new priority rule (described above) and the power to reverse that priority rule. .