Legislation – The Immigration, Nationality and Asylum (EU Exit) Regulations 2019
PART 2Immigration and Nationality
Chapter 1Amendment of primary legislation
Amendment of the Nationality, Immigration and Asylum Act 200212.
(1)
(2)
(3)
(a)
“—
(i)
a retained enforceable EU right, or
(ii)
any provision made under section 2(2) of the European Communities Act 1972 as that provision is modified from time to time.”;
(b)
“(2A)
“Retained enforceable EU right” means a right that—
(a)
was created or arose by or under the EU Treaties before the coming into force of this subsection, and
(b)
forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018,
as that right is modified from time to time.”.
(4)
In section 141 (EEA ports: juxtaposed controls)—
(a)
in subsection (1), after “immigration control at” insert “a United Kingdom port or”;
(b)
in subsection (6)—
(i)
in the definition of “EEA port” omit “or from”;
(ii)
““United Kingdom port” means a port in the United Kingdom from which passengers are commonly carried by sea to an EEA State.”.
(5)
In Schedule 3 (withholding and withdrawal of support)—
(a)
(b)
in paragraph 4 (first class of ineligible person: refugee status abroad), in sub-paragraph (2)—
(i)
in paragraph (a), after “EEA State” insert “and is not a British citizen”; and
(ii)
in paragraph (b), omit “other than the United Kingdom”;
(c)
in paragraph 5, in each of sub-paragraphs (a) and (b) (second class of ineligible person: citizen of other EEA states), omit “other than the United Kingdom” and in the italic heading before paragraph 5 omit “other”;