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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 British Nationality (General) Regulations 2003

This section has no associated Explanatory Memorandum

30.—(1) The British Nationality (General) Regulations 2003(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), at the appropriate place 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..

(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)”.

(4) In regulation 7E (use and retention of biometric information), in paragraph (2)(e), 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..

(5) In regulation 7G (retention of fingerprints)—

(a)in paragraph (2)(f)(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)in paragraph (4), for “Article 16 of the Council Directive 2004/38/EC” substitute “regulation 15 of the Immigration (European Economic Area) Regulations 2016”.

(6) In Schedule 2 (particular requirements as respects applications)—

(a)in paragraph 7(1A) (application under section 4(2) of the Act)—

(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 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”;

(c)in paragraph 13(1A) (application under section 6(1)) and 14(1A) (application under section 6(2) of the Act)—

(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”.

(1)

S.I. 2003/548; amended by S.I. 2007/3137, 2011/1043, 2015/738, 1806. There have been other amendments to the Regulations which are not relevant to these Regulations.

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