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

SCHEDULE 1Revocations of retained direct EU legislation

Regulations 47 and 54

1.

The provisions of retained direct EU legislation specified in the first column of the table are revoked to the extent stated in the second column.

Retained direct EU legislation

Extent of revocation

Commission Decision of 8 June 1988 setting up a prior communication and consultation procedure on migration policies in relation to non-member countries (88/384/EEC)

The whole decision

Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas

The whole instrument

Council Decision of 26 May 1997 on the exchange of information concerning assistance for the voluntary repatriation of third-country nationals (97/340/JHA)

The whole decision

Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (2000/365/EC)

In so far as it relates to Article 26 of the 1990 Schengen Convention

Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issues by Member States to persons holding travel documents not recognised by the Member State drawing up the form

The whole instrument

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals

The whole instrument

Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (2004/191/EC)

The whole decision

Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network

The whole instrument

Council Decision of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (2004/573/EC)

The whole decision

Council Decision of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (2004/926/EC)

In so far as it relates to Article 26 of the 1990 Schengen Convention

Council Decision of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (2005/267/EC)

The whole decision

Commission Decision of 29 September 2005 on the format for the report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration (2005/687/EC)

The whole decision

Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals

The whole instrument

Council Decision of 14 May 2008 establishing a European Migration Network (2008/381/EC)

The whole decision

Regulation (EU) No 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012

The whole instrument

2.

In this Part “the 1990 Schengen Convention” means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.

3.

The following provisions of retained direct EU legislation are revoked—

(a)

Council Decision of 4 March 1996 on an alert and emergency procedure for burden-sharing with regard to the admission and residence of displaced persons on a temporary basis (96/198/JHA);

(b)

Council Decision of 26 June 1997 on monitoring the implementation of instruments adopted concerning asylum (97/420/JHA);

(c)

Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national;

(d)

Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States’ measures in the areas of asylum and immigration (2006/688/EC);

(e)

Commission Decision of 29 November 2007 implementing Decision No 573/2007/EC of the European Parliament and of the Council as regards the adoption of the strategic guidelines 2008 to 2013 (2007/815/EC);

(f)

Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office;

(g)

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast);

(h)

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast);

(i)

Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national;

(j)

Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC.