OpenLegislation

The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

S.I. 2019/745 · Made 28 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 March 2024.

Exiting The European Union

Immigration

Nationality

Made 28th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement, extent and interpretation
  3. Part 2: Immigration and Nationality
  4. Chapter 1: Amendment of primary legislation
  5. 2Amendment of the Marriage Act 1949
  6. 3Amendment of the Aliens' Employment Act 1955 Repealed
  7. 4Amendment of the Immigration Act 1971
  8. 5Amendment of the Marriage (Scotland) Act 1977
  9. 6Amendment of the Rent Act 1977 Repealed
  10. 7Amendment of the British Nationality Act 1981
  11. 8Amendment of the Immigration Act 1988 Repealed
  12. 9Amendment of the Housing Act 1988 Repealed
  13. 10Amendment of the Police Act 1997
  14. 11Amendment of the Immigration and Asylum Act 1999
  15. 12Amendment of the Nationality, Immigration and Asylum Act 2002
  16. 13Amendment of the Marriage (Northern Ireland) Order 2003
  17. 14Amendment of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Repealed
  18. 15Amendment of the Civil Partnership Act 2004
  19. 16Amendment of the Serious Crime Act 2007
  20. 17Amendment of the UK Borders Act 2007
  21. 18Amendment of the Criminal Justice and Immigration Act 2008 Repealed
  22. 19Amendment of the Borders, Citizenship and Immigration Act 2009
  23. 20Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
  24. 21Amendment of the Immigration Act 2014
  25. 22Amendment of the Modern Slavery Act 2015
  26. Chapter 2: Amendment of subordinate legislation
  27. 23Amendment of the Special Constables Regulations 1965
  28. 24Amendment of the Immigration (Control of Entry through Republic of Ireland) Order 1972 Repealed
  29. 25Amendment of the Immigration (Leave to Enter and Remain) Order 2000 Repealed
  30. 26Amendment of the Detention Centre Rules 2001
  31. 27Amendment of the Police Trainee Regulations (Northern Ireland) 2001
  32. 28Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
  33. 29Amendment of the Police Regulations 2003
  34. 30Amendment of the British Nationality (General) Regulations 2003
  35. 31Amendment of the Police Reserve Trainee Regulations (Northern Ireland) 2004
  36. 32Amendment of the Police Service of Northern Ireland Regulations 2005
  37. 33Amendment of the Immigration (Provision of Physical Data) Regulations 2006 Repealed
  38. 34Amendment of the Immigration (Biometric Registration) Regulations 2008 Repealed
  39. 35Amendment of the Police Service of Scotland Regulations 2013
  40. 36Amendment of the Police Service of Scotland (Special Constables) Regulations 2013
  41. 37Amendment of the Immigration (Passenger Transit Visa) Order 2014
  42. 38Amendment of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015
  43. 39Amendment of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015
  44. 40Amendment of the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015
  45. 41Amendment of the Immigration (Health Charge) Order 2015
  46. 42Amendment of the Immigration and Nationality (Fees) Order 2016 Repealed
  47. 43Amendment of the Immigration (European Economic Area) Regulations 2016 Repealed
  48. 44Amendment of the Short-term Holding Facility Rules 2018
  49. Chapter 3: Revocation of subordinate legislation
  50. 45Revocation of the Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004
  51. 46Revocation of the Accession (Immigration and Worker Authorisation) Regulations 2006
  52. Chapter 4: Revocation of retained direct EU legislation etc.
  53. 47Revocation of retained direct EU legislation relating to immigration and nationality
  54. 48Disapplication of inconsistent retained EU rights etc. Repealed
  55. Chapter 5: EC Association Agreement with Turkey
  56. 49Disapplication of rights etc. Repealed
  57. Part 3: Asylum
  58. Chapter 1: Amendment of primary legislation
  59. 50Amendment of the Nationality, Immigration and Asylum Act 2002
  60. 51Amendment of the Immigration Act 2014
  61. Chapter 2: Revocation of subordinate legislation
  62. 52Revocation of the Displaced Persons (Temporary Protection) Regulations 2005
  63. 53Revocation of the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017
  64. Chapter 3: Revocation of retained direct EU legislation
  65. 54Revocation of retained direct EU legislation
  66. Chapter 4: International Agreements
  67. 55Revocation of rights etc. Repealed
  68. Part 4: Supplementary
  69. 56Saving and transitional provisions
  70. 57Amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005
  71. Signature
  72. Schedule 1: Revocations of retained direct EU legislation
  73. Part 1: Revocations related to immigration and nationality
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. Part 2: Revocations related to asylum
  77. 3Paragraph 3
  78. Schedule 2: Saving and transitional provisions
  79. Part 1: Interpretation
  80. 1Meaning of “commencement day”
  81. Part 2: Saving and transitional provisions in relation to immigration and nationality
  82. 2British Nationality Act 1981
  83. 3Immigration and Asylum Act 1999
  84. 4Nationality, Immigration and Asylum Act 2002 Repealed
  85. 5UK Borders Act 2007 Repealed
  86. 6Detention Centre Rules 2001
  87. 7Short-term Holding Facility Rules 2018
  88. Part 3: Saving provisions in relation to asylum
  89. 8Regulation (EU) No 439/2010
  90. 9Requests for taking charge and taking back made to the UK before commencement day
  91. 10Eurodac
  92. 11Data transmitted to the UK before commencement day
  93. 12Data transmitted by the UK before commencement day
  94. Schedule 3Amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005
  95. Explanatory note

1Citation, commencement, extent and interpretationI1

(1)

These Regulations may be cited as the Immigration, Nationality and Asylum (EU Exit) Regulations 2019.

(2)

These Regulations come into force on the later of exit day or the day after the day on which they are made.

(3)

Subject to paragraphs (4) and (5), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4)

Any amendment, repeal or revocation made by these Regulations has the same extent within the United Kingdom as the provision to which it relates.

(5)

Any saving or transitional provision in these Regulations has the same extent within the United Kingdom as the provision to which it relates.

(6)

In these Regulations “domestic law” means the law of England and Wales, Scotland or Northern Ireland.

2Amendment of the Marriage Act 1949I1

In section 78 of the Marriage Act 1949 M1 (interpretation), in subsection (1), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

3Amendment of the Aliens' Employment Act 1955F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Amendment of the Immigration Act 1971I1

(1)

The Immigration Act 1971 M1 is amended as follows.

(2)

In section 2 (statement of right of abode in United Kingdom) M2, in subsection (2), for “and section 5(2)” substitute “ , section 5(2) and section 25 ”.

(3)

In section 25 (assisting unlawful immigration to member State) M3—

(a)

in the heading, after “member State” insert “ or the United Kingdom ”;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in subsection (2)—

(i)

after “member State” insert “ or the United Kingdom ”;

(ii)

after “of the State” insert “ or, as the case may be, of the United Kingdom ”;

(iii)

in paragraphs (a), (b) and (c), after “the State” insert “ or the United Kingdom ”;

(d)

after subsection (2), insert—

“(2A)

In subsections (1) and (2), “national of the United Kingdom” means—

(a)

a British citizen;

(b)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 M4 and who has the right of abode in the United Kingdom; or

(b)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”;

(e)

in subsection (7)(a), for the words from “a State” to the end substitute “ Norway or Iceland ”;

(f)

in subsection (7)(b), for “a State on that list”, substitute “ Norway or Iceland ”;

(g)

omit subsection (8).

(4)

In section 25C (forfeiture of vehicle, ship or aircraft) M5, in subsection (9)(a), after “a member State” insert “ or the United Kingdom ”.

5Amendment of the Marriage (Scotland) Act 1977I1

In section 26 of the Marriage (Scotland) Act 1977 M1 (interpretation), in subsection (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

6Amendment of the Rent Act 1977F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Amendment of the British Nationality Act 1981I1

For section 5 of the British Nationality Act 1981 M1 (acquisition by registration: nationals for purposes of the EU Treaties) substitute—

“Acquisition by registration: British overseas territories citizens having connection with Gibraltar

5

A person who is a British overseas territories citizen by virtue of a connection with Gibraltar is entitled to be registered as a British citizen if an application is made for their registration as such a citizen.”.

8Amendment of the Immigration Act 1988F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Amendment of the Housing Act 1988F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Amendment of the Police Act 1997I1

In Schedule 8B to the Police Act 1997 M1 (offences which are to be disclosed subject to rules), in paragraph 69 (immigration, etc), in sub-paragraph (c), in the words in brackets, after “member State” insert “ or the United Kingdom ”.

11Amendment of the Immigration and Asylum Act 1999I1

(1)

The Immigration and Asylum Act 1999 M1 is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In section 24 (duty to report suspicious marriages) M2, in subsection (6)—

(a)

in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”;

(b)

omit the definition of “United Kingdom immigration law”.

(4)

In section 24A (duty to report suspicious civil partnerships) M3, in subsection (5A)—

(a)

in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”;

(b)

omit the definition of “United Kingdom immigration law”.

F2(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In section 84 (provision of immigration services) M4, in subsection (2)—

(a)

omit paragraphs (c) and (d) (but not the “or” at the end of paragraph (d));

(b)

in paragraph (e), for “(d)” substitute “ (ba) ”.

(7)

In section 86 (designated professional bodies) M5, in subsection (8), in paragraph (a), for “an EEA State” substitute “ Scotland or Northern Ireland ”.

(8)

In section 93 (disclosure of information) M6, in subsection (3)(b), omit “or any EU obligation of the Commissioner”.

12Amendment of the Nationality, Immigration and Asylum Act 2002I1

(1)

The Nationality, Immigration and Asylum Act 2002 M1 is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In section 141 (EEA ports: juxtaposed controls)—

(a)

in subsection (1), after “immigration control at” insert “ a United Kingdom port or ”;

(b)

in subsection (6)—

(i)

in the definition of “EEA port” omit “or from”;

(ii)

after the definition of “specified area” insert—

““United Kingdom port” means a port in the United Kingdom from which passengers are commonly carried by sea to an EEA State.”.

(5)

In Schedule 3 (withholding and withdrawal of support)—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph 4 (first class of ineligible person: refugee status abroad), in sub-paragraph (2)—

(i)

in paragraph (a), after “EEA State” insert “ and is not a British citizen ”; and

(ii)

in paragraph (b), omit “other than the United Kingdom”;

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Amendment of the Marriage (Northern Ireland) Order 2003I1

In article 2 of the Marriage (Northern Ireland) Order 2003 M1 (interpretation), in paragraph (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

14Amendment of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Amendment of the Civil Partnership Act 2004I1

In section 30A of the Civil Partnership Act 2004 M1 (relevant nationals), in paragraph (b), omit “other than the United Kingdom”.

16Amendment of the Serious Crime Act 2007I1

In Schedule 3 to the Serious Crime Act 2007 M1 (listed offences), in paragraph 11, in the words in brackets, after “member State” insert “ or the United Kingdom ”.

17Amendment of the UK Borders Act 2007I1

(1)

The UK Borders Act 2007 M1 is amended as follows.

(2)

In section 32 (automatic deportation), in subsection (1)(a), after “British citizen” insert “ or an Irish citizen ”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Amendment of the Criminal Justice and Immigration Act 2008F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19Amendment of the Borders, Citizenship and Immigration Act 2009I1

(1)

The Borders, Citizenship and Immigration Act 2009 M1 is amended as follows.

(2)

In section 1 (general customs functions of the Secretary of State), in subsection (8)(c), for “EU law” in each place where it appears substitute “ retained EU law ”.

(3)

In section 7 (customs revenue functions of the Director), in subsection (2), omit paragraph (a).

(4)

In section 26 (transfer schemes), in subsection (7), in the definition of “relevant function”, in paragraph (b), for “EU law” substitute “ retained EU law ”.

(5)

In section 38 (interpretation), omit the definition of “EU law”.

20Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012I1

In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M1 (services), in paragraph 30 (immigration: rights to enter and remain)—

(a)

for sub-paragraph (1), substitute—

“(1)

Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom which—

(a)

arise from—

(i)

the Refugee Convention; or

(ii)

Article 2 or 3 of the Human Rights Convention; or

(b)

are conferred by—

(i)

immigration rules, insofar as they implemented the Qualification Directive; or

(ii)

any other provision of retained EU law which implemented the Qualification Directive.”;

(b)

in sub-paragraph (4)—

(i)

after the definition of “the Human Rights Convention”, insert—

““immigration rules” has the meaning given by section 33(1) of the Immigration Act 1971 M2;”;

(ii)

omit the definition of “the Temporary Protection Directive”.

21Amendment of the Immigration Act 2014I1

(1)

The Immigration Act 2014 M1 is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In section 42 (“bank” and “building society”)—

(a)

omit subsection (2)(b);

(b)

in subsection (3), in each place where it appears, omit “or firm”.

(5)

In section 49 (exempt persons)—

(a)

in subsection (2)(a), for the words from “an enforceable EU right” to the end, substitute—

“(i)

a retained enforceable EU right, or

(ii)

any provision made under section 2(2) of the European Communities Act 1972 as that provision is modified from time to time;”;

(b)

after subsection (2), insert—

“(2A)

“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.”.

(6)

In section 62 (interpretation of Part 4), in subsection (1), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

F3(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22Amendment of the Modern Slavery Act 2015I1

In Schedule 4 to the Modern Slavery Act 2015 M1 (offences to which defence in section 45 does not apply), in paragraph 16, in the words in brackets, after “member state” insert “ or the United Kingdom ”.

23Amendment of the Special Constables Regulations 1965I1

The existing provisions of regulation 1 of the Special Constables Regulations 1965 M1 (qualifications for appointment) become paragraph (1) of that regulation and—

(a)

in sub-paragraph (a) of those provisions, after “if not a national of” insert “ the United Kingdom or ”;

(b)

after those provisions insert—

“(2)

For the purposes of this regulation, “national of the United Kingdom” means—

(a)

a British citizen;

(b)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

(c)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”.

24Amendment of the Immigration (Control of Entry through Republic of Ireland) Order 1972F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25Amendment of the Immigration (Leave to Enter and Remain) Order 2000F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26Amendment of the Detention Centre Rules 2001I1

(1)

The Detention Centre Rules 2001 M1 are amended as follows.

(2)

In rule 9 (detention reviews and up-date of claim), in paragraph (3), in each of sub-paragraphs (d) and (e), for “EU law” substitute “ retained EU law ”.

(3)

In rule 27 (correspondence), in paragraph (6), omit “the European Court of Justice,”.

27Amendment of the Police Trainee Regulations (Northern Ireland) 2001I1

The existing provisions of regulation 2A of the Police Trainee Regulations (Northern Ireland) 2001 M1 (qualifications for appointment as a police trainee) become paragraph (1) of that regulation and—

(a)

in sub-paragraph (a) of those provisions, for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ”;

(b)

after those provisions insert—

“(2)

In this regulation—

  • “EEA State”, in relation to a time, means—

    1. (a)

      a state which at that time is a member State, or

    2. (b)

      any other state which at that time is a party to the EEA agreement;

  • “national of the United Kingdom” means—

    1. (a)

      a British citizen,

    2. (b)

      a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or

    3. (c)

      a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”.

28Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003I1

In article 12 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 M1 (application of criminal law to a Control Zone in France), in paragraph (1)(b), after “member State” insert “ or the United Kingdom ”.

29Amendment of the Police Regulations 2003I1

In regulation 10 of the Police Regulations 2003 M1 (qualifications for appointment to a police force)—

(a)

in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ”;

(b)

in paragraph (3)—

(i)

omit “and” at the end of sub-paragraph (a);

(ii)

after sub-paragraph (aa) insert—

“(ab)

“national of the United Kingdom” means—

(i)

a British citizen;

(ii)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

(iii)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar;”.

30Amendment of the British Nationality (General) Regulations 2003I1

(1)

The British Nationality (General) Regulations 2003 M1 are amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In regulation 4 (authority to whom application is to be made), in paragraph (3), for “(acquisition by registration: nationals for purposes of the EU Treaties)” substitute “ (acquisition by registration: British overseas territories citizens having connection with Gibraltar) ”.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In Schedule 2 (particular requirements as respects applications)—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph 12(a) (application under section 5 of the Act), for “for the purposes of the EU treaties” substitute “ by virtue of a connection with Gibraltar ”;

F5(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31Amendment of the Police Reserve Trainee Regulations (Northern Ireland) 2004I1

In regulation 1B of the Police Reserve Trainee Regulations (Northern Ireland) 2004 M1 (appointment as a police reserve trainee)—

(a)

in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ”;

(b)

after paragraph (3) insert—

“(4)

In this regulation—

  • “EEA state”, in relation to a time, means—

    1. (a)

      a state which at that time is a member State, or

    2. (b)

      any other state which at that time is a party to the EEA agreement;

  • “national of the United Kingdom” means—

    1. (a)

      a British citizen,

    2. (b)

      a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or

    3. (c)

      a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”.

32Amendment of the Police Service of Northern Ireland Regulations 2005I1

In regulation 10 of the Police Service of Northern Ireland Regulations 2005 M1 (qualifications for appointment (where no service as a police trainee))—

(a)

in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ”;

(b)

in paragraph (3)—

(i)

omit “and” at the end of sub-paragraph (a);

(ii)

after sub-paragraph (a) insert—

“(aa)

“EEA state”, in relation to a time, means—

(i)

a state which at that time is a member State, or

(ii)

any other state which at that time is a party to the EEA agreement;

(ab)

“national of the United Kingdom” means—

(i)

a British citizen,

(ii)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or

(iii)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar;”.

33Amendment of the Immigration (Provision of Physical Data) Regulations 2006F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34Amendment of the Immigration (Biometric Registration) Regulations 2008F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35Amendment of the Police Service of Scotland Regulations 2013I1

In regulation 6 of the Police Service of Scotland Regulations 2013 M1 (qualifications for appointment to the Police Service)—

(a)

in paragraph (1)(i), after “if not a national of” insert “ the United Kingdom or ”;

(b)

after paragraph (3) insert—

“(4)

For the purposes of this regulation, “national of the United Kingdom” means—

(a)

a British citizen;

(b)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

(c)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”.

36Amendment of the Police Service of Scotland (Special Constables) Regulations 2013I1

In regulation 5 of the Police Service of Scotland (Special Constables) Regulations 2013 M1 (qualifications for appointment as a special constable)—

(a)

in paragraph (1)(h), after “if not a national of” insert “ the United Kingdom or ”;

(b)

after paragraph (4) insert—

“(5)

For the purposes of this regulation, “national of the United Kingdom” means—

(a)

a British citizen;

(b)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

(c)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”.

37Amendment of the Immigration (Passenger Transit Visa) Order 2014I1

In article 2(6) of the Immigration (Passenger Transit Visa) Order 2014 M1, in the definition of “Schengen Acquis State”, omit “United Kingdom and”.

38Amendment of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015I1

In Schedule 1 to the Referral of Proposed Marriages and Civil Partnerships 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. ”.

39Amendment of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015I1

In regulation 18 of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 M1 (prescribed information about the investigation)—

(a)

in paragraph (2)(b)(ii)—

(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)

after paragraph (2), insert—

“(3)

For the purposes of paragraph (2)(b)(ii) “retained enforceable EU right” means a right that—

(a)

was created or arose by or under the EU Treaties before the time when this paragraph comes 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.”.

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

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. ”.

41Amendment of the Immigration (Health Charge) Order 2015I1

In Schedule 2 to the Immigration (Health Charge) Order 2015 M1, in paragraph 1(l), for “an EU obligation (within the meaning of Part 2 of Schedule 1 to the European Communities Act 1972)” substitute “ a retained EU obligation ”.

42Amendment of the Immigration and Nationality (Fees) Order 2016F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43Amendment of the Immigration (European Economic Area) Regulations 2016F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44Amendment of the Short-term Holding Facility Rules 2018I1

(1)

The Short-term Holding Facility Rules 2018 M1 are amended as follows.

(2)

In rule 12 (reasons for detention and update of claim), in paragraph (3), in each of sub-paragraphs (d) and (e), for “European Union law” substitute “ retained EU law ”.

(3)

In rule 24 (correspondence), in paragraph (2)(a), omit “the Court of Justice of the European Union,”.

45Revocation of the Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004I1

The Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004 M1 is revoked.

46Revocation of the Accession (Immigration and Worker Authorisation) Regulations 2006I1

The Accession (Immigration and Worker Authorisation) Regulations 2006 M1 are revoked.

47Revocation of retained direct EU legislation relating to immigration and nationalityI1

Part 1 of Schedule 1 has effect.

48Disapplication of inconsistent retained EU rights etc.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49Disapplication of rights etc.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50Amendment of the Nationality, Immigration and Asylum Act 2002I1

(1)

The Nationality, Immigration and Asylum Act 2002 M1 is amended as follows.

(2)

In section 94 (appeal from within United Kingdom: unfounded human rights or protection claim), in subsection (5D), omit “other”.

(3)

Omit section 94A (European Common List of Safe Countries of Origin).

51Amendment of the Immigration Act 2014I1

In Schedule 9 to the Immigration Act 2014 (transitional and consequential provision), omit paragraph 39.

52Revocation of the Displaced Persons (Temporary Protection) Regulations 2005I1

The Displaced Persons (Temporary Protection) Regulations 2005 M1 are revoked.

53Revocation of the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017I1

The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 M1 are revoked.

54Revocation of retained direct EU legislationI1

Part 2 of Schedule 1 has effect.

55Revocation of rights etc.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56Saving and transitional provisionsI1

F1Schedule 2 (saving and transitional provisions) has effect.

57Amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005I1

Schedule 3 (amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005) has effect.

Signature

Caroline Nokes

Minister of State

Home Office

1I1

The provisions of retained direct EU legislation specified in the first column of the table are revoked to the extent stated in the second column.

Retained direct EU legislationExtent of revocation
Commission Decision of 8 June 1988 setting up a prior communication and consultation procedure on migration policies in relation to non-member countries (88/384/EEC)The whole decision
Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visasThe whole instrument
Council Decision of 26 May 1997 on the exchange of information concerning assistance for the voluntary repatriation of third-country nationals (97/340/JHA)The whole decision
Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (2000/365/EC)In so far as it relates to Article 26 of the 1990 Schengen Convention
Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issues by Member States to persons holding travel documents not recognised by the Member State drawing up the formThe whole instrument
Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationalsThe whole instrument
Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (2004/191/EC)The whole decision
Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers networkThe whole instrument
Council Decision of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (2004/573/EC)The whole decision
Council Decision of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (2004/926/EC)In so far as it relates to Article 26 of the 1990 Schengen Convention
Council Decision of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States' Migration Management Services (2005/267/EC)The whole decision
Commission Decision of 29 September 2005 on the format for the report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration (2005/687/EC)The whole decision
Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationalsThe whole instrument
Council Decision of 14 May 2008 establishing a European Migration Network (2008/381/EC)The whole decision
Regulation (EU) No 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012The whole instrument

2I1

In this Part “the 1990 Schengen Convention” means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.

3I1

The following provisions of retained direct EU legislation are revoked—

(a)

Council Decision of 4 March 1996 on an alert and emergency procedure for burden-sharing with regard to the admission and residence of displaced persons on a temporary basis (96/198/JHA);

(b)

Council Decision of 26 June 1997 on monitoring the implementation of instruments adopted concerning asylum (97/420/JHA);

(c)

Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national;

(d)

Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration (2006/688/EC);

(e)

Commission Decision of 29 November 2007 implementing Decision No 573/2007/EC of the European Parliament and of the Council as regards the adoption of the strategic guidelines 2008 to 2013 (2007/815/EC);

(f)

Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office;

(g)

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast);

(h)

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast);

(i)

Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national;

(j)

Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC.

1Meaning of “commencement day”I1

In this schedule “commencement day” means the time when these Regulations come into force.

2British Nationality Act 1981I1

(1)

The amendment made by regulation 7 does not affect the determination of an application made under section 5 of the British Nationality Act 1981 before commencement day which has not been determined before commencement day.

(2)

For the purpose of determining such an application, section 5 applies as if the reference to a person who falls to be treated as a national of the United Kingdom for the purposes of the EU Treaties were a reference to a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.

3Immigration and Asylum Act 1999I1

(1)

Notwithstanding the repeal of section 84(2)(c) of the Immigration and Asylum Act 1999 by regulation 11(6)(a), until the appointed day section 84(2)(c) of that Act (but not sub-paragraph (i) of section 84(2)(c)) continues to have effect in respect of registered European lawyers.

(2)

In this paragraph—

  • “appointed day” means the day on which immigration rules (within the meaning of the Immigration Act 1971 M1) which expressly state that they have effect in connection with the borders and immigration system following the withdrawal of the United Kingdom from the European Union come into force;

  • “registered European lawyer” means a person who has registered with a designated professional body before commencement day in reliance on domestic legislation implementing Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained;

  • “designated professional body” has the meaning given in section 86 of the Immigration and Asylum Act 1999.

4Nationality, Immigration and Asylum Act 2002F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5UK Borders Act 2007F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Detention Centre Rules 2001I1

The amendment made by regulation 26(3) does not apply in respect of any letter to the European Court of Justice relating to proceedings that were the subject of a reference to that Court made before commencement day.

7Short-term Holding Facility Rules 2018I1

The amendment made by regulation 44(3) does not apply in respect of any letter to the Court of Justice of the European Union relating to proceedings that were the subject of a reference to that Court made before commencement day.

8Regulation (EU) No 439/2010I1

Notwithstanding the revocation of Regulation (EU) No 439/2010 by regulation 54 and Part 2 of Schedule 1, Articles 21 (civil liability) and 22 (criminal liability) of that regulation continue to apply in respect of damage caused and criminal offences committed before commencement day.

9Requests for taking charge and taking back made to the UK before commencement dayI1

(1)

This paragraph applies where—

(a)

a request is made to the UK before commencement day under Regulation (EU) No 604/2013 or Regulation (EC) No 1560/2003 to take charge or take back a person to whom, when the request is made, one of the Dublin Family Provisions applies; and

(b)

a final decision in relation to the request is not taken before commencement day.

(2)

Notwithstanding the revocation of Regulation (EC) No 1560/2003 by regulation 54 and Part 2 of Schedule 1, the provisions of that Regulation referred to in sub-paragraph (3) continue to have effect in relation to the request referred to in sub-paragraph (1), so far as is relevant.

(3)

The provisions referred to in sub-paragraph (2) are—

(a)

Article 3 (processing requests for taking charge);

(b)

Article 4 (processing of requests for taking back);

(c)

Article 5(1) (negative reply);

(d)

Article 6 (positive reply);

(e)

Article 11(2) and (3) (situations of dependency).

(4)

Notwithstanding the revocation of Regulation (EU) No 604/2013 by regulation 54 and Part 2 of Schedule 1, the provisions of that Regulation referred to in sub-paragraph (5) continue to have effect in relation to the request referred to in sub-paragraph (1), so far as relevant, subject to the modifications set out in sub-paragraph (6).

(5)

The provisions referred to in sub-paragraph (4) are—

(a)

Article 2 (definitions);

(b)

Article 6(1) (best interests of the child);

(c)

Article 22(1) to (5) (replying to a take charge request);

(d)

Article 25(1) (replying to a take back request).

(6)

The modifications referred to in sub-paragraph (4) are—

(a)

Article 6(1) is to be read as if the words after “a primary consideration” were omitted;

(b)

Article 22 is to be read as if paragraph (3) were omitted, but not sub-paragraphs (a)(i) and (b);

(c)

Article 25(1) is to be read as if, at the beginning, there were inserted “Except in a case where the take back request was not made within the periods laid down in paragraph 2 of Article 23 of this Regulation as it applied in the European Union immediately before the time when the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 come into force,”.

(7)

The provisions referred to in sub-paragraphs (3) and (5), and any EU legislation to which those provisions refer, are to be construed for the purposes of this paragraph as if the United Kingdom continued to be a member State.

(8)

For the purposes of this paragraph, “Dublin Family Provisions” means Article 8 (minors), 9 (family members who are beneficiaries of international protection), 10 (family members who are applicants for international protection), 11 (family procedure), 16 (dependent persons) or 17(2) (discretionary clauses) of Regulation (EU) No 604/2013.

10EurodacI1

(1)

Notwithstanding the revocation of the Eurodac Regulation by regulation 54 and Part 2 of Schedule 1 the provisions of the Eurodac Regulation referred to in sub-paragraph (2) continue to have effect in relation to data obtained before commencement day from Eurodac by a competent authority of the United Kingdom.

(2)

The provisions referred to in sub-paragraph (1) are—

(a)

Article 34(2), sub-paragraphs (a) to (d), (h) and (i) (data security);

(b)

Article 35(1) (prohibition of transfers of data to third countries etc.);

(c)

Article 36 (logging and documentation).

(3)

The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a Member State.

(4)

For the purposes of paragraph (2), references to provisions in the Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are to be construed as references to relevant provisions in Part 3 of the Data Protection Act 2018 M1.

(5)

In this paragraph—

  • “Eurodac” means the system including a central fingerprint database for the European Union as described in Article 3 of the Eurodac Regulation;

  • “the Eurodac Regulation” means Regulation (EU) No 603/2013.

11Data transmitted to the UK before commencement dayI1

(1)

This paragraph applies in relation to information transmitted to the United Kingdom before commencement day under paragraph (1) of Article 34 of Regulation (EU) No 604/2013 (information sharing).

(2)

Notwithstanding the revocation of Regulation (EU) No 604/2013 by regulation 54 and Part 2 of Schedule 1, the provisions of that Regulation referred to in sub-paragraph (3) continue to have effect in relation to the information, subject to the modification set out in sub-paragraph (4).

(3)

The provisions referred to in sub-paragraph (2) are—

(a)

Article 2 (definitions), so far as relevant to the provisions referred to in paragraph (b);

(b)

Article 34(9) and (11).

(4)

The modification referred to in sub-paragraph (2) is that Article 34(9) is to be read as if—

(a)

in the second sub-paragraph, for “this Regulation or Directive 95/46/EC” there were substituted “ this Regulation or the data protection legislation (within the meaning of section 3(9) of the Data Protection Act 2018 M1) as modified from time to time ”;

(b)

in the third sub-paragraph, “or receiving” were omitted.

(5)

The provisions referred to in sub-paragraph (3) are to be construed as if the United Kingdom continued to be a member State.

12Data transmitted by the UK before commencement dayI1

(1)

This paragraph applies in relation to information transmitted by the United Kingdom before commencement day under paragraph (1) of Article 34 of Regulation (EU) No 604/2013 (information sharing).

(2)

Notwithstanding the revocation of Regulation (EU) No 604/2013 by regulation 54 and Part 2 of Schedule 1, Article 34(8) continues to have effect in relation to the information, subject to the modification set out in sub-paragraph (3).

(3)

The modification referred to in sub-paragraph (2) is that Article 34(8) is to be read as if—

(a)

the last sentence were omitted;

(b)

the United Kingdom continued to be a member State.

Schedule 3Amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005I1

In consequence of the revocation of the Displaced Persons (Temporary Protection) Regulations 2005 by regulation 52, the following provisions (which are inserted by those Regulations) are repealed—

(a)

section 3A(7C) of the Protection from Eviction Act 1977 M1;

(b)

paragraph 3B of Schedule 2 to the Housing (Northern Ireland) Order 1983 M2 and the italic heading before it;

(c)

section 23A(5B) of the Rent (Scotland) Act 1984 M3;

(d)

paragraph 4B of Schedule 1 to the Housing Act 1985 M4 and the italic heading before it;

(e)

paragraph 12B of Schedule 1 to Housing Act 1988 M5 and the italic heading before it;

(f)

paragraph 11C of Schedule 4 to the Housing (Scotland) Act 1988 M6 and the italic heading before it;

(g)

paragraph 11 of Schedule 1 to the Housing (Scotland) Act 2001 M7 and the italic heading before it.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by sections 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d), (e), (f) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

They also make saving and transitional provision under paragraph 21 of Schedule 7 to the 2018 Act.

These Regulations make amendments to legislation in the field of immigration, nationality and asylum.

Part 2 makes amendments relating to immigration and nationality as follows:

Chapter 1 amends primary legislation.

Chapter 2 amends subordinate legislation.

Chapter 3 revokes subordinate legislation.

Chapter 4 and Part 1 of Schedule 1 revoke retained direct EU legislation. Chapter 4 also disapplies EU-derived rights, powers, liabilities, obligations, restrictions, remedies and procedures that are inconsistent with provision made in Part 1 of these Regulations.

Chapter 5 partially disapplies rights related to immigration derived from the EC association agreement with Turkey that would otherwise continue to be recognised and available in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018. The effect of the amendment is to provide that those rights no longer apply in relation to the imposition of restrictions on residence rights (including deportation) by reference to conduct that takes place on or after the day on which these Regulations come into force.

Part 3 makes amendments relating to asylum as follows:

Chapter 1 amends primary legislation.

Chapter 2 revokes secondary legislation.

Chapter 3 and Part 2 of Schedule 1 revoke retained direct EU legislation.

Chapter 4 revokes those rights etc. derived from certain international agreements that would otherwise continue to be recognised and available in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018.

Part 4 (supplementary) introduces Schedule 2 which makes saving and transitional provision and Schedule 3 which makes amendments consequential on the revocation of the Displaced Persons (Temporary Protection) Regulations 2005.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.