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

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 No. 745

Amendment of the Immigration and Asylum Act 1999

This section has no associated Explanatory Memorandum

11.—(1) The Immigration and Asylum Act 1999(1) is amended as follows.

(2) In section 10 (removal of persons unlawfully in the United Kingdom)(2)—

(a)in subsection (5), 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 as that provision is modified from time to time.;

(b)after subsection (5), insert—

(5A) “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..

(3) In section 24 (duty to report suspicious marriages)(3), 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)(4), 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”.

(5) In section 82 (interpretation of Part V)(5), in subsection (1), in the definition of “relevant matters”—

(a)after paragraph (f) insert—

(fa)admission to the United Kingdom under retained EU law;;

(b)after paragraph (g) insert—

(ga)residence in the United Kingdom in accordance with rights conferred by or under retained EU law;.

(6) In section 84 (provision of immigration services)(6), 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)(7), in subsection (8), in paragraph (a), for “an EEA State” substitute “Scotland or Northern Ireland”.

(8) In section 93 (disclosure of information)(8), in subsection (3)(b), omit “or any EU obligation of the Commissioner”.

(2)

Section 10 was substituted by section 1 of the Immigration Act 2014 (c. 22). There have been other amendments to this section which are not relevant to these Regulations.

(3)

Section 24(6) was substituted by section 55(2) of the Immigration Act 2014. There have been other amendments to this section which are not relevant to these Regulations.

(4)

Section 24A was inserted by section 261(1) of, and paragraph 162 of Schedule 27 to, the Civil Partnership Act 2004. Subsection (5A) was inserted by section 55(1) and (3) of the Immigration Act 2014 (c. 22). There have been other amendments to this section which are not relevant to these Regulations.

(5)

Section 82 was amended by S.I. 2011/1043. There have been other amendments to this section which are not relevant to these Regulations.

(6)

Section 84 was amended by section 37(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 and by paragraph 12(2)(b) of Schedule 18 to the Legal Services Act 2007 (c. 29). There have been other amendments to this section, which are not relevant to these Regulations.

(7)

Section 86 was amended by paragraph 13(5) of Schedule 18 to the Legal Services Act 2007. There have been other amendments to this section which are not relevant to these Regulations.

(8)

Section 93 was amended by S.I. 2011/1043. There have been other amendments to this section which are not relevant to these Regulations.

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