UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 5 Part 2—Retention of existing EU law (2) Accordingly, the principle of the supremacy of EU law continues to apply on and after exit day so far as relevant to the interpretation, disapplication or quashing of any devolved enactment or rule of law passed or made before exit day. (3) Subsection (1) does not prevent the principle of the supremacy of EU law from applying 5 to a modification made on or after exit day of any devolved enactment or rule of law passed or made before exit day if the application of the principle is consistent with the intention of the modification. (4) For the purposes of this section, an enactment or rule of law is devolved if and to the extent that it makes, or is, provision that is (or would be, if it were contained in an Act 10 of the Scottish Parliament) within the legislative competence of the Scottish Parliament. 7 Challenges to validity of retained (devolved) EU law (1) There is no right in Scots law on or after exit day to challenge any retained (devolved) EU law on the basis that, immediately before exit day, an EU instrument was invalid. (2) Subsection (1) does not apply so far as— 15 (a) the European Court has decided before exit day that the instrument is invalid, or (b) the challenge is of a kind described, or provided for, in regulations made by the Scottish Ministers. (3) Subject to any transitional, transitory or saving provision made by regulations under section 32, subsection (1) does not apply in relation to any right of action accruing 20 before exit day. (4) Regulations under subsection (2)(b) may provide for a challenge which would otherwise have been against an EU institution to be against a Scottish public authority. (5) Regulations under subsection (2)(b) are subject to the affirmative procedure. (6) Subsection (5) is subject to section 31. 25 8 Rule in Francovich (1) There is no right in Scots law on or after exit day to damages in accordance with the rule in Francovich. (2) Subject to any transitional, transitory or saving provision made by regulations under section 32, subsection (1) does not apply in relation to any right of action accruing 30 before exit day. 9 Interpretation of sections 6 to 8 (1) References in sections 6 to 8 to the principle of the supremacy of EU law or the rule in Francovich are to be read as references to that principle or rule so far as it would otherwise continue to be, or form part of, Scots law on or after exit day in accordance 35 with this Act. (2) Accordingly, the references to the principle of the supremacy of EU law in section 6(2) and (3) do not include anything which would bring into Scots law any modification of EU law which is adopted or notified, comes into force or only applies on or after exit day. 6 UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill Part 2—Retention of existing EU law 9A Scrutiny of regulations under section 7(2)(b) (1) The Scottish Ministers must not lay...