OpenLegislation

Regulation 198 I1

In Schedule 2, in paragraph 13 (interpretation)—

(a)

the existing text becomes sub-paragraph (1);

(b)

in that sub-paragraph—

(i)

omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreement”;

(ii)

at the appropriate place insert—

  • ““family member” (“aelod o deulu”) means (unless otherwise indicated) in relation to a person (“P”)—

    1. (a)

      P’s spouse or civil partner,

    2. (b)

      direct descendants of P or of P’s spouse or civil partner who are—

      1. (i)

        under the age of 21, or

      2. (ii)

        dependants of P or of P’s spouse or civil partner, or

    3. (c)

      in a case where P is—

      1. (i)

        an EU national who falls within Article 7(1)(b) of Directive 2004/38, or

      2. (ii)

        for the purposes of paragraph 8A, a relevant person of Northern Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national,

      dependent direct relatives in P’s ascending line or the ascending line of P’s spouse or civil partner;”;

  • ““United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement.”;

(c)

after that sub-paragraph insert—

“(2)

For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.”

Annotations

Commencement

I1

Reg. 198 in force at 25.4.2021, see reg. 1(2)