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PART 2Immigration and Nationality

Chapter 2Amendment of subordinate legislation

Amendment of the Special Constables Regulations 196523.

The existing provisions of regulation 1 of the Special Constables Regulations 1965 M1 (qualifications for appointment) become paragraph (1) of that regulation and—

(a)

in sub-paragraph (a) of those provisions, after “if not a national of” insert “
the United Kingdom or
”;

(b)

after those provisions insert—

“(2)

For the purposes of this regulation, “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 and who has the right of abode in the United Kingdom; or

(c)

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

Amendment of the Immigration (Control of Entry through Republic of Ireland) Order 1972F124.

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

Amendment of the Immigration (Leave to Enter and Remain) Order 2000F225.

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

Amendment of the Detention Centre Rules 200126.

(1)

The Detention Centre Rules 2001 M2 are amended as follows.

(2)

In rule 9 (detention reviews and up-date of claim), in paragraph (3), in each of sub-paragraphs (d) and (e), for “EU law” substitute “
retained EU law
”.

(3)

In rule 27 (correspondence), in paragraph (6), omit “the European Court of Justice,”.

Amendment of the Police Trainee Regulations (Northern Ireland) 200127.

The existing provisions of regulation 2A of the Police Trainee Regulations (Northern Ireland) 2001 M3 (qualifications for appointment as a police trainee) become paragraph (1) of that regulation and—

(a)

in sub-paragraph (a) of those provisions, for “a Member State, Norway, Iceland or Liechtenstein” substitute “
the United Kingdom or an EEA State
”;

(b)

after those provisions insert—

“(2)

In this regulation—

“EEA State”, in relation to a time, means—

(a)

a state which at that time is a member State, or

(b)

any other state which at that time is a party to the EEA agreement;

“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 and who has the right of abode in the United Kingdom, or

(c)

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

Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 200328.

In article 12 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 M4 (application of criminal law to a Control Zone in France), in paragraph (1)(b), after “member State” insert “
or the United Kingdom
”.

Amendment of the Police Regulations 200329.

In regulation 10 of the Police Regulations 2003 M5 (qualifications for appointment to a police force)—

(a)

in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “
the United Kingdom or an EEA State
”;

(b)

in paragraph (3)—

(i)

omit “and” at the end of sub-paragraph (a);

(ii)

after sub-paragraph (aa) insert—

“(ab)

“national of the United Kingdom” means—

(i)

a British citizen;

(ii)

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

(iii)

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

Amendment of the British Nationality (General) Regulations 200330.

(1)

The British Nationality (General) Regulations 2003 M6 are amended as follows.

F3(2)

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

(3)

In regulation 4 (authority to whom application is to be made), in paragraph (3), for “(acquisition by registration: nationals for purposes of the EU Treaties)” substitute “
(acquisition by registration: British overseas territories citizens having connection with Gibraltar)
”.

F4(4)

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

F5(5)

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

(6)

In Schedule 2 (particular requirements as respects applications)—

F6(a)

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

(b)

in paragraph 12(a) (application under section 5 of the Act), for “for the purposes of the EU treaties” substitute “
by virtue of a connection with Gibraltar
”;

F7(c)

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

Amendment of the Police Reserve Trainee Regulations (Northern Ireland) 200431.

In regulation 1B of the Police Reserve Trainee Regulations (Northern Ireland) 2004 M7 (appointment as a police reserve trainee)—

(a)

in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “
the United Kingdom or an EEA State
”;

(b)

after paragraph (3) insert—

“(4)

In this regulation—

“EEA state”, in relation to a time, means—

(a)

a state which at that time is a member State, or

(b)

any other state which at that time is a party to the EEA agreement;

“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 and who has the right of abode in the United Kingdom, or

(c)

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

Amendment of the Police Service of Northern Ireland Regulations 200532.

In regulation 10 of the Police Service of Northern Ireland Regulations 2005 M8 (qualifications for appointment (where no service as a police trainee))—

(a)

in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “
the United Kingdom or an EEA State
”;

(b)

in paragraph (3)—

(i)

omit “and” at the end of sub-paragraph (a);

(ii)

after sub-paragraph (a) insert—

“(aa)

“EEA state”, in relation to a time, means—

(i)

a state which at that time is a member State, or

(ii)

any other state which at that time is a party to the EEA agreement;

(ab)

“national of the United Kingdom” means—

(i)

a British citizen,

(ii)

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

(iii)

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

Amendment of the Immigration (Provision of Physical Data) Regulations 2006F833.

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

Amendment of the Immigration (Biometric Registration) Regulations 2008F934.

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

Amendment of the Police Service of Scotland Regulations 201335.

In regulation 6 of the Police Service of Scotland Regulations 2013 M9 (qualifications for appointment to the Police Service)—

(a)

in paragraph (1)(i), after “if not a national of” insert “
the United Kingdom or
”;

(b)

after paragraph (3) insert—

“(4)

For the purposes of this regulation, “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 and who has the right of abode in the United Kingdom; or

(c)

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

Amendment of the Police Service of Scotland (Special Constables) Regulations 201336.

In regulation 5 of the Police Service of Scotland (Special Constables) Regulations 2013 M10 (qualifications for appointment as a special constable)—

(a)

in paragraph (1)(h), after “if not a national of” insert “
the United Kingdom or
”;

(b)

after paragraph (4) insert—

“(5)

For the purposes of this regulation, “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 and who has the right of abode in the United Kingdom; or

(c)

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

Amendment of the Immigration (Passenger Transit Visa) Order 201437.

In article 2(6) of the Immigration (Passenger Transit Visa) Order 2014 M11, in the definition of “Schengen Acquis State”, omit “United Kingdom and”.

Amendment of the Referral of Proposed Marriages and Civil Partnerships Regulations 201538.

In Schedule 1 to the Referral of Proposed Marriages and Civil Partnerships Regulations 2015 M12 (evidence of particular immigration status), in paragraph 1 (permanent residence)—

(a)

in sub-paragraph (1)—

(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)

in sub-paragraph (2)—

(i)

the words after “In this paragraph” become a new sub-paragraph;

(ii)

at the end insert—

““retained enforceable EU right” means a right that—

(a)

was created or arose by or under the EU Treaties before the time when the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 come into force, 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 Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 201539.

In regulation 18 of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 M13 (prescribed information about the investigation)—

(a)

in paragraph (2)(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 paragraph (2), insert—

“(3)

For the purposes of paragraph (2)(b)(ii) “retained enforceable EU right” means a right that—

(a)

was created or arose by or under the EU Treaties before the time when this paragraph comes into force; 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 Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 201540.

In Schedule 1 to the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 M14 (evidence of particular immigration status), in paragraph 1 (permanent residence)—

(a)

in sub-paragraph (1)—

(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)

in sub-paragraph (2)—

(i)

the words after “In this paragraph” become a new sub-paragraph;

(ii)

at the end insert—

““retained enforceable EU right” means a right that—

(a)

was created or arose by or under the EU Treaties before the time when the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 come into force, 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 Immigration (Health Charge) Order 201541.

In Schedule 2 to the Immigration (Health Charge) Order 2015 M15, in paragraph 1(l), for “an EU obligation (within the meaning of Part 2 of Schedule 1 to the European Communities Act 1972)” substitute “
a retained EU obligation
”.

Amendment of the Immigration and Nationality (Fees) Order 2016F1042.

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

Amendment of the Immigration (European Economic Area) Regulations 2016F1143.

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

Amendment of the Short-term Holding Facility Rules 201844.

(1)

The Short-term Holding Facility Rules 2018 M16 are amended as follows.

(2)

In rule 12 (reasons for detention and update of claim), in paragraph (3), in each of sub-paragraphs (d) and (e), for “European Union law” substitute “
retained EU law
”.

(3)

In rule 24 (correspondence), in paragraph (2)(a), omit “the Court of Justice of the European Union,”.