In section 78 of the Marriage Act 19492 (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 19553.

(1)

The Aliens’ Employment Act 19553 is amended as follows.

(2)

In section 1(5) (definition of a “relevant European”)—

(a)

for paragraph (a) substitute—

“(a)

a national of an EEA State or a person, other than a person to whom paragraph (b) applies, who is entitled to reside in the United Kingdom by virtue of regulation 13, 14, 15 or 16 of the Immigration (European Economic Area) Regulations 20164;”;

(b)

for paragraph (b) substitute—

“(b)

a Swiss national or a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of rights which—

(i)

are derived from Article 7(e) of the Swiss free movement agreement and Article 3(5) of Annex 1 of that agreement, and

(ii)

continue to be recognised and available in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018;”;

(c)

for paragraph (c) substitute—

“(c)

a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of rights which—

(i)

are derived from Article 6(1) or 7 (rights of certain Turkish nationals and their family members to take up any economic activity, whatever their nationality) of Decision 1/80 of 19 September 1980 of the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963, and

(ii)

continue to be recognised and available in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018.”.

(3)

After section 1(5) insert—

“(5A)

In subsection (5), “the Swiss free movement agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (done at Luxembourg on 21 June 1999).”.

Amendment of the Immigration Act 19714.

(1)

The Immigration Act 19715 is amended as follows.

(2)

In section 2 (statement of right of abode in United Kingdom)6, 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)7—

(a)

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

(b)

in subsection (1)—

(i)

in each place where it appears, for “not” substitute “neither”;

(ii)

in each place where it appears, after “citizen of the European Union” insert “nor a national of the United Kingdom”;

(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 19818 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)9, 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 197710 (interpretation), in subsection (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Rent Act 19776.

In Schedule 15 to the Rent Act 197711 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies), in Part 1 (cases in which a court may order possession), in Case 10A, in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the British Nationality Act 19817.

For section 5 of the British Nationality Act 198112 (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 19888.

(1)

The Immigration Act 198813 is amended as follows.

(2)

In section 7 (persons exercising Community rights and nationals of member States)—

(a)

for the heading, substitute “Rights under retained EU law”;

(b)

in subsection (1), for the words from “an enforceable EU right” to the end, substitute—

“—

(a)

a retained enforceable EU right, or

(b)

any provision made under section 2(2) of the European Communities Act 197214 as that provision is modified from time to time.”;

(c)

after subsection (1), insert—

“(1A)

“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.”.

Amendment of the Housing Act 19889.

In Schedule 2 to the Housing Act 198815 (grounds for possession of dwelling-houses let on assured tenancies), in Part 1 (grounds on which court must order possession), in ground 7B, in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Police Act 199710.

In Schedule 8B to the Police Act 199716 (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 199917 is amended as follows.

(2)

In section 10 (removal of persons unlawfully in the United Kingdom)18—

(a)

in subsection (5), for the words from “an enforceable EU right” to the end, substitute—

“—

(a)

a retained enforceable EU right, or

(b)

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 (5), insert—

“(5A)

“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.”.

(3)

In section 24 (duty to report suspicious marriages)19, 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)20, 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”.

(5)

In section 82 (interpretation of Part V)21, in subsection (1), in the definition of “relevant matters”—

(a)

after paragraph (f) insert—

“(fa)

admission to the United Kingdom under retained EU law;”;

(b)

after paragraph (g) insert—

“(ga)

residence in the United Kingdom in accordance with rights conferred by or under retained EU law;”.

(6)

In section 84 (provision of immigration services)22, 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)23, in subsection (8), in paragraph (a), for “an EEA State” substitute “Scotland or Northern Ireland”.

(8)

In section 93 (disclosure of information)24, 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 200225 is amended as follows.

(2)

In section 109 (European Union and European Economic Area)26, in subsection (1), for “any of the EU treaties” substitute “retained EU law”.

(3)

In section 126 (physical data: compulsory provision)27—

(a)

in subsection (2)(e), 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.”.

(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)—

(a)

in paragraph 3 (exceptions)28, for “the EU treaties” substitute “retained EU law”;

(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”;

(d)

in paragraph 7C(1)(c) (seventh class of ineligible person: primary carer without leave to enter or remain) (as inserted by paragraph 9 of Schedule 12 to the Immigration Act 201629), for “another” substitute “an”.

Amendment of the Marriage (Northern Ireland) Order 200313.

In article 2 of the Marriage (Northern Ireland) Order 200330 (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 200414.

In section 2 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 200431 (entering United Kingdom without passport, etc.), in each of subsections (4)(b) and (5)(b), for “the EU Treaties” substitute “retained EU law”.

Amendment of the Civil Partnership Act 200415.

In section 30A of the Civil Partnership Act 200432 (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 200733 (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 200734 is amended as follows.

(2)

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

(3)

In section 33 (exceptions to automatic deportation)35, for subsection (4) substitute—

“(4)

Exception 3 is where—

(a)

the foreign criminal—

(i)

was lawfully resident in the United Kingdom immediately before commencement day by virtue of the EU Treaties, or

(ii)

has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, and

(b)

the offence of which the foreign criminal was convicted as mentioned in section 32(1)(b) consisted of or included conduct that took place before commencement day.

(4A)

For the purposes of exception 3, a person is to be treated as having been resident in the United Kingdom—

(a)

at any time which would be taken into account for the purposes of calculating periods when the person was continuously resident for the purposes of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (see regulation 3);

(b)

at any time at which the person has a right of permanent residence in the United Kingdom under those Regulations (see regulation 15).

(4B)

For the purposes of exception 3—

“commencement day” means the time when the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 come into force;

“residence scheme immigration rules” means—

(a)

Appendix EU to the immigration rules36 except those rules, or changes to that Appendix, which are identified in the immigration rules as not having effect in connection with the residence scheme that operates in connection with the withdrawal of the United Kingdom from the European Union, and

(b)

any other immigration rules which are identified in the immigration rules as having effect in connection with the withdrawal of the United Kingdom from the European Union.”.

(4)

In section 56A (no rehabilitation for certain immigration and nationality purposes)37, in subsection (3), for “any provision made under section 2(2) of the European Communities Act 1972, or of EU law,” substitute “any retained EU law”.

Amendment of the Criminal Justice and Immigration Act 200818.

(1)

The Criminal Justice and Immigration Act 200838 is amended as follows.

(2)

In section 130 (designation), in subsection (5)(b), for “the EU treaties” substitute “retained EU law”.

(3)

In section 136 (end of designation), in subsection (1)(b), for “the EU treaties” substitute “retained EU law”.

Amendment of the Borders, Citizenship and Immigration Act 200919.

(1)

The Borders, Citizenship and Immigration Act 200939 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 201240 (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 197141;”;

(ii)

omit the definition of “the Temporary Protection Directive”.

Amendment of the Immigration Act 201421.

(1)

The Immigration Act 201442 is amended as follows.

(2)

In section 21 (persons disqualified by immigration status or with limited right to rent)—

(a)

in subsection (4)(b)(ii)—

(i)

for “an enforceable EU right” substitute “a retained enforceable EU right”;

(ii)

after “1972” insert “as that provision is modified from time to time”;

(b)

after subsection (4), insert—

“(4A)

“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.”;

(c)

in subsection (5)(b), omit “other than the United Kingdom”.

(3)

In section 27 (eligibility period), in subsection (6)(a)—

(a)

for the words from “an enforceable EU right” to “1972”, 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 (6), insert—

“(7)

“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 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”.

(7)

In section 70A (immigration skills charge)43—

(a)

in subsection (6)(b), omit “other than the United Kingdom”;

(b)

in subsection (6)(d), 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.”;

(c)

after subsection (6), insert—

“(6A)

“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.”.

Amendment of the Modern Slavery Act 201522.

In Schedule 4 to the Modern Slavery Act 201544 (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”.