The Immigration (Swiss Free Movement of Persons) (No. 3) Regulations 2002

21.  For regulation 35 and 36 substitute—

“Transitional provisions

35.— (1) Where before 1st June 2002 a qualified person or the family member of a qualified person has been given limited leave to enter or remain in the United Kingdom under section 3 of the 1971 Act(1) subject to conditions, those conditions shall cease to have effect on and after that date.

(2) Where before 1st June 2002 directions have been given for the removal of a qualified person or the family member of a qualified person under paragraphs 8 to 10 of Schedule 2 to the 1971 Act(2) or section 10 of the 1999 Act, those directions shall cease to have effect on and after that date.

(3) Where before 1st June 2002 the Secretary of State has made a decision to make a deportation order against a qualified person or the family member of a qualified person under section 5(1) of the 1971 Act—

(a) that decision shall, on and after 1st June 2002, be treated as if it were a decision under regulation 21(3)(b); and

(b) any appeal against that decision, or against the refusal by the Secretary of State to revoke the deportation order, made under section 63 of the 1999 Act before 1st June 2002 shall, on and after that date, be treated as if it had been made under regulation 29.

(4) Any reference in this regulation to a qualified person or to the family member of a qualified person is a reference to a person who becomes a qualified person or the family member of a qualified person, as the case may be, on or after 1st June 2002 by virtue of these Regulations.”.

(1)

Section 3 had been amended by the British Nationality Act 1981 (c. 61), the Immigration Act 1998 (c. 14), the Asylum and Immigration Act 1996 (c. 49) and the 1999 Act.

(2)

Paragraphs 8 to 10 have been amended by the Immigration Act 1988 (c. 14) and the Asylum and Immigration Act 1996 (c. 49).