Regulation 8 Amendment of the Immigration Act 1988

for the heading, substitute “Rights under retained EU law”;

in subsection (1), 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^f2 as that provision is modified from time to time.”;

after subsection (1), insert—

“(1A)

“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.”.