Commentary on provisions of Act Section 4: Publication and rules of evidence
Section 4 makes provision for the domestic publication of certain EU regulations relating to Direct Payments, ahead of exit day. It also contains provision on rules of evidence.
	Subsection (1) exempts the Direct Payments Regulation, and accompanying Delegated and Implementing Acts, from the publication requirement laid down in the 2018 Act.
	Subsection (2) places a duty on the Queen’s printer to publish specified EU regulations listed in section 1 as they appear in the Official Journal before exit day.
	Subsection (3) cross refers to the regulations listed in subsection (1) and sub-paragraphs (i) to (v) of section 1(3)(d).
	Subsection (4) exempts from publication anything that is repealed before exit day and any changes made after that time.
	Subsection (5) specifies that retained EU legislation under section 1(1) is a "relevant matter" for the purposes of paragraph 4 of Schedule 5 to the 2018 Act. Paragraph 4 of Schedule 5 is a power to make provision about judicial notice and admissibility. Matters which are ‘judicially noticed’ are deemed to already be within the knowledge of the court, and so are not required to be ‘proved’ to the court. For example, public Acts of Parliament and the EU Treaties are judicially noticed. Paragraph 4 provides that a Minister of the Crown can make regulations which provide for judicial notice to be taken of a relevant matter, and for the admissibility in legal proceedings of evidence of both a relevant matter and instruments and documents issued by or in the custody of an EU entity, to ensure that appropriate evidential rules can be put in place to reflect the new legal landscape after exit.