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PART 2Immigration and Nationality

Chapter 1Amendment of primary legislation

Amendment of the Marriage Act 19492.

In section 78 of the Marriage Act 1949 M1 (interpretation), in subsection (1), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Aliens’ Employment Act 1955F13.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Immigration Act 19714.

(1)

The Immigration Act 1971 M2 is amended as follows.

(2)

In section 2 (statement of right of abode in United Kingdom) M3, in subsection (2), for “and section 5(2)” substitute “
, section 5(2) and section 25
”.

(3)

In section 25 (assisting unlawful immigration to member State) M4—

(a)

in the heading, after “member State” insert “
or the United Kingdom
”;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in subsection (2)—

(i)

after “member State” insert “
or the United Kingdom
”;

(ii)

after “of the State” insert “
or, as the case may be, of the United Kingdom
”;

(iii)

in paragraphs (a), (b) and (c), after “the State” insert “
or the United Kingdom
”;

(d)

after subsection (2), insert—

“(2A)

In subsections (1) and (2), “national of the United Kingdom” means—

(a)

a British citizen;

(b)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 M5 and who has the right of abode in the United Kingdom; or

(b)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”;

(e)

in subsection (7)(a), for the words from “a State” to the end substitute “
Norway or Iceland
”;

(f)

in subsection (7)(b), for “a State on that list”, substitute “
Norway or Iceland
”;

(g)

omit subsection (8).

(4)

In section 25C (forfeiture of vehicle, ship or aircraft) M6, in subsection (9)(a), after “a member State” insert “
or the United Kingdom
”.

Amendment of the Marriage (Scotland) Act 19775.

In section 26 of the Marriage (Scotland) Act 1977 M7 (interpretation), in subsection (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Rent Act 1977F36.

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Amendment of the British Nationality Act 19817.

For section 5 of the British Nationality Act 1981 M8 (acquisition by registration: nationals for purposes of the EU Treaties) substitute—

“5Acquisition by registration: British overseas territories citizens having connection with Gibraltar

A person who is a British overseas territories citizen by virtue of a connection with Gibraltar is entitled to be registered as a British citizen if an application is made for their registration as such a citizen.”.

Amendment of the Immigration Act 1988F48.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Housing Act 1988F59.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Police Act 199710.

In Schedule 8B to the Police Act 1997 M9 (offences which are to be disclosed subject to rules), in paragraph 69 (immigration, etc), in sub-paragraph (c), in the words in brackets, after “member State” insert “
or the United Kingdom
”.

Amendment of the Immigration and Asylum Act 199911.

(1)

The Immigration and Asylum Act 1999 M10 is amended as follows.

F6(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In section 24 (duty to report suspicious marriages) M11, in subsection (6)—

(a)

in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”;

(b)

omit the definition of “United Kingdom immigration law”.

(4)

In section 24A (duty to report suspicious civil partnerships) M12, in subsection (5A)—

(a)

in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”;

(b)

omit the definition of “United Kingdom immigration law”.

F7(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In section 84 (provision of immigration services) M13, in subsection (2)—

(a)

omit paragraphs (c) and (d) (but not the “or” at the end of paragraph (d));

(b)

in paragraph (e), for “(d)” substitute “
(ba)
”.

(7)

In section 86 (designated professional bodies) M14, in subsection (8), in paragraph (a), for “an EEA State” substitute “
Scotland or Northern Ireland
”.

(8)

In section 93 (disclosure of information) M15, in subsection (3)(b), omit “or any EU obligation of the Commissioner”.

Amendment of the Nationality, Immigration and Asylum Act 200212.

(1)

The Nationality, Immigration and Asylum Act 2002 M16 is amended as follows.

F8(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)

after the definition of “specified area” insert—

““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)—

F10(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”;

F11(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Marriage (Northern Ireland) Order 200313.

In article 2 of the Marriage (Northern Ireland) Order 2003 M17 (interpretation), in paragraph (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004F1314.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Civil Partnership Act 200415.

In section 30A of the Civil Partnership Act 2004 M18 (relevant nationals), in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Serious Crime Act 200716.

In Schedule 3 to the Serious Crime Act 2007 M19 (listed offences), in paragraph 11, in the words in brackets, after “member State” insert “
or the United Kingdom
”.

Amendment of the UK Borders Act 200717.

(1)

The UK Borders Act 2007 M20 is amended as follows.

(2)

In section 32 (automatic deportation), in subsection (1)(a), after “British citizen” insert “
or an Irish citizen
”.

F14(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Criminal Justice and Immigration Act 2008F1618.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Borders, Citizenship and Immigration Act 200919.

(1)

The Borders, Citizenship and Immigration Act 2009 M21 is amended as follows.

(2)

In section 1 (general customs functions of the Secretary of State), in subsection (8)(c), for “EU law” in each place where it appears substitute “
retained EU law
”.

(3)

In section 7 (customs revenue functions of the Director), in subsection (2), omit paragraph (a).

(4)

In section 26 (transfer schemes), in subsection (7), in the definition of “relevant function”, in paragraph (b), for “EU law” substitute “
retained EU law
”.

(5)

In section 38 (interpretation), omit the definition of “EU law”.

Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 201220.

In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M22 (services), in paragraph 30 (immigration: rights to enter and remain)—

(a)

for sub-paragraph (1), substitute—

“(1)

Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom which—

(a)

arise from—

(i)

the Refugee Convention; or

(ii)

Article 2 or 3 of the Human Rights Convention; or

(b)

are conferred by—

(i)

immigration rules, insofar as they implemented the Qualification Directive; or

(ii)

any other provision of retained EU law which implemented the Qualification Directive.”;

(b)

in sub-paragraph (4)—

(i)

after the definition of “the Human Rights Convention”, insert—

““immigration rules” has the meaning given by section 33(1) of the Immigration Act 1971 M23;”;

(ii)

omit the definition of “the Temporary Protection Directive”.

Amendment of the Immigration Act 201421.

(1)

The Immigration Act 2014 M24 is amended as follows.

F17(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In section 42 (“bank” and “building society”)—

(a)

omit subsection (2)(b);

(b)

in subsection (3), in each place where it appears, omit “or firm”.

(5)

In section 49 (exempt persons)—

(a)

in subsection (2)(a), for the words from “an enforceable EU right” to the end, substitute—

“(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)

after subsection (2), insert—

“(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.”.

(6)

In section 62 (interpretation of Part 4), in subsection (1), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

F19(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Modern Slavery Act 201522.

In Schedule 4 to the Modern Slavery Act 2015 M25 (offences to which defence in section 45 does not apply), in paragraph 16, in the words in brackets, after “member state” insert “
or the United Kingdom
”.