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

in the definition of “European residence document”, 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;”;

at the appropriate place insert—

• ““retained enforceable EU right” means a right that—

  1. (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

  2. (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;.”.