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

(1)

The Immigration (Provision of Physical Data) Regulations 2006^f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in the definition of “application”, in paragraph (d)—

(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)

at the appropriate place 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.”.

(3)

In regulation 8 (use and retention of biometric information), in paragraph (2)(e), for the words from “an enforceable EU right” to the end, substitute—

“—

(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.”.

(4)

In regulation 10 (retention of fingerprints)—

(a)

in paragraph (2)(f)(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)

in paragraph (4), for “Article 16 of the Council Directive 2004/38/EC” substitute “regulation 15 of the Immigration (European Economic Area) Regulations 2016”.

Annotations

Footnotes

f1: S.I. 2006/1743; amended by S.I. 2015/737. There have been other amendments to the Regulations which are not relevant to these Regulations.