Paragraph 1 I1F1

For the purposes of this Schedule—

• “EEA frontier self-employed person” (“person hunangyflogedig ffin yr AEE”) means an EEA national who —

  1. (a)

     is a self-employed person in Wales; and

  2. (b)

     resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “EEA frontier worker” (“gweithiwr ffin yr AEE”) means an EEA national who—

  1. (a)

     is a worker in Wales; and

  2. (b)

     resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “EEA migrant worker” (“gweithiwr mudol o’r AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

• “EEA national” (“gwladolyn o’r AEE”) means a national of an EEA State other than the United Kingdom;

• “EEA self-employed person” (“person hunangyflogedig o’r AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

• “EEA State” (“gwladwriaeth AEE”) means a Member State of the European Economic Area;

• “employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

• “European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

• “family member” (“aelod o deulu”) means (unless otherwise indicated)—

  1. (a)

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—

     1. (i)

        the person’s spouse or civil partner;

     2. (ii)

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

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of the person or the person’s spouse or civil partner; or

     3. (iii)

        dependent direct relatives in the ascending line of the person or that of the person’s spouse or civil partner;

  2. (b)

     in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

     1. (i)

        the person’s spouse or civil partner; or

     2. (ii)

        the person’s child or the child of the person’s spouse or civil partner;

  3. (c)

     in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38—

     1. (i)

        the national’s spouse or civil partner; or

     2. (ii)

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

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of the national or of the national’s spouse or civil partner;

  4. (d)

     in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38—

     1. (i)

        the national’s spouse or civil partner;

     2. (ii)

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

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of the national or of the national’s spouse or civil partner; or

     3. (iii)

        dependent direct relatives in the national’s ascending line or that of the national’s spouse or civil partner;

  5. (e)

     in relation to a United Kingdom national, for the purposes of paragraph 9—

     1. (i)

        the national’s spouse or civil partner; or

     2. (ii)

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

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of the national or of the national’s spouse or civil partner;

• “self-employed person” (“person hunangyflogedig”) means—

  1. (a)

     in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or

  2. (b)

     in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

• “settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971^f1;

• “Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999^f2 and which came into force on 1 June 2002;

• “Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

• “Swiss frontier employed person” (“personcyflogedig ffin y Swistir”) means a Swiss national who—

  1. (a)

     is an employed person in Wales; and

  2. (b)

     resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “Swiss frontier self-employed person” (“person hunangyflogedig ffin y Swistir”) means a Swiss national who—

  1. (a)

     is a self-employed person in Wales; and

  2. (b)

     resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

• “worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be;

For the purposes of this Schedule, “parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.

For the purposes of this Schedule, a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

For the purposes of this Schedule, a person (“A” in this sub-paragraph) is to be treated as ordinarily resident in Wales, the United Kingdom and Islands or in the territory comprising the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—

is or was temporarily employed outside Wales, the United Kingdom and Islands or the territory comprising the European Economic Area, Switzerland and Turkey.

For the purposes of sub-paragraph (4), temporary employment outside Wales, the United Kingdom and Islands or the territory comprising the European Economic Area, Switzerland and Turkey includes—

For the purposes of this Schedule an area which—

is to be considered to have always been a part of the European Economic Area.

For the purposes of this Schedule an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.