Legislation – The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

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Introduction

PART 1
Introduction

1 Citation, commencement, extent and interpretation

PART 2
Immigration and Nationality

Chapter 1 Amendment of primary legislation

2 Amendment of the Marriage Act 1949

3 Amendment of the Aliens’ Employment Act 1955

4 Amendment of the Immigration Act 1971

5 Amendment of the Marriage (Scotland) Act 1977

6 Amendment of the Rent Act 1977

7 Amendment of the British Nationality Act 1981

8 Amendment of the Immigration Act 1988

9 Amendment of the Housing Act 1988

10 Amendment of the Police Act 1997

11 Amendment of the Immigration and Asylum Act 1999

12 Amendment of the Nationality, Immigration and Asylum Act 2002

13 Amendment of the Marriage (Northern Ireland) Order 2003

14 Amendment of the Asylum and Immigration (Treatment of Claimants, ) Act 2004

15 Amendment of the Civil Partnership Act 2004

16 Amendment of the Serious Crime Act 2007

17 Amendment of the UK Borders Act 2007

18 Amendment of the Criminal Justice and Immigration Act 2008

19 Amendment of the Borders, Citizenship and Immigration Act 2009

20 Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

21 Amendment of the Immigration Act 2014

22 Amendment of the Modern Slavery Act 2015

Chapter 2 Amendment of subordinate legislation

23 Amendment of the Special Constables Regulations 1965

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

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

26 Amendment of the Detention Centre Rules 2001

27 Amendment of the Police Trainee Regulations (Northern Ireland) 2001

28 Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

29 Amendment of the Police Regulations 2003

30 Amendment of the British Nationality (General) Regulations 2003

31 Amendment of the Police Reserve Trainee Regulations (Northern Ireland) 2004

32 Amendment of the Police Service of Northern Ireland Regulations 2005

33 Amendment of the Immigration (Provision of Physical Data) Regulations 2006

34 Amendment of the Immigration (Biometric Registration) Regulations 2008

35 Amendment of the Police Service of Scotland Regulations 2013

36 Amendment of the Police Service of Scotland (Special Constables) Regulations 2013

37 Amendment of the Immigration (Passenger Transit Visa) Order 2014

38 Amendment of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015

39 Amendment of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, ) Regulations 2015

40 Amendment of the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015

41 Amendment of the Immigration (Health Charge) Order 2015

42 Amendment of the Immigration and Nationality (Fees) Order 2016

43 Amendment of the Immigration (European Economic Area) Regulations 2016

44 Amendment of the Short-term Holding Facility Rules 2018

Chapter 3 Revocation of subordinate legislation

45 Revocation of the Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004

46 Revocation of the Accession (Immigration and Worker Authorisation) Regulations 2006

Chapter 4 Revocation of retained direct EU legislation etc.

47 Revocation of retained direct EU legislation relating to immigration and nationality

48 Disapplication of inconsistent retained EU rights etc.

Chapter 5 EC Association Agreement with Turkey

49 Disapplication of rights etc.

PART 3
Asylum

Chapter 1 Amendment of primary legislation

50 Amendment of the Nationality, Immigration and Asylum Act 2002

51 Amendment of the Immigration Act 2014

Chapter 2 Revocation of subordinate legislation

52 Revocation of the Displaced Persons (Temporary Protection) Regulations 2005

53 Revocation of the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017

Chapter 3 Revocation of retained direct EU legislation

54 Revocation of retained direct EU legislation

Chapter 4 International Agreements

55 Revocation of rights etc.

PART 4
Supplementary

56 Saving and transitional provisions

57 Amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005

SCHEDULES

SCHEDULE 1 Revocations of retained direct EU legislation

SCHEDULE 2 Saving and transitional provisions

SCHEDULE 3 Amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005

Signature

Explanatory note

PART 3Asylum

Chapter 4International Agreements

Revocation of rights etc.55.

(1)

Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)

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

(b)

are derived from one of the international agreements to which this regulation applies,

cease to be recognised and available in domestic law.

(2)

This regulation applies to—

(a)

the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities – Dublin Convention (97/C 254/01);

(b)

the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway – declarations;

(c)

the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland;

(d)

the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention;

(e)

the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland;

(f)

the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community, and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland;

(g)

the Protocol to the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway.