Legislation – The Immigration, Nationality and Asylum (EU Exit) Regulations 2019
PART 2Immigration and Nationality
Chapter 1Amendment of primary legislation
Amendment of the Immigration Act 201421.
(1)
(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)
“(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)
“—
(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)
“(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)
“—
(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)
“(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)
(a)
in subsection (6)(b), omit “other than the United Kingdom”;
(b)
“—
(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)
“(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.”.