OpenLegislation

Regulation 40 Amendment of the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015I1

United Kingdom

In Schedule 1 to the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 M1 (evidence of particular immigration status), in paragraph 1 (permanent residence)—

(a)

in sub-paragraph (1)—

(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 sub-paragraph (2)—

(i)

the words after “In this paragraph” become a new sub-paragraph;

(ii)

at the end 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. ”.

Annotations

Marginal citations

M1

S.I. 2015/404.

Commencement

I1

Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)