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

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

24.  In article 4 of the Immigration (Control of Entry through Republic of Ireland) Order 1972(1)—

(a) in 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 paragraph (8), 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.”;

(c) at the end insert—

“(9) For the purposes of paragraphs (1) and (8)—

“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.”.

(1)

S.I. 1972/1610; amended by S.I. 1982/1028, 2014/2475. There have been other amendments to the Order which are not relevant to these Regulations