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 2Immigration and Nationality

Chapter 1Amendment of primary legislation

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”.
18

Section 10 was substituted by section 1 of the Immigration Act 2014 (c. 22). There have been other amendments to this section which are not relevant to these Regulations.

19

Section 24(6) was substituted by section 55(2) of the Immigration Act 2014. There have been other amendments to this section which are not relevant to these Regulations.

20

Section 24A was inserted by section 261(1) of, and paragraph 162 of Schedule 27 to, the Civil Partnership Act 2004. Subsection (5A) was inserted by section 55(1) and (3) of the Immigration Act 2014 (c. 22). There have been other amendments to this section which are not relevant to these Regulations.

21

Section 82 was amended by S.I. 2011/1043. There have been other amendments to this section which are not relevant to these Regulations.

22

Section 84 was amended by section 37(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 and by paragraph 12(2)(b) of Schedule 18 to the Legal Services Act 2007 (c. 29). There have been other amendments to this section, which are not relevant to these Regulations.

23

Section 86 was amended by paragraph 13(5) of Schedule 18 to the Legal Services Act 2007. There have been other amendments to this section which are not relevant to these Regulations.

24

Section 93 was amended by S.I. 2011/1043. There have been other amendments to this section which are not relevant to these Regulations.