The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022

Amendments to the 2009 Regulations

25.  In regulation 2(1) (interpretation)—

(a) omit the definition of “grace period”;

(b) re-position the definition of “person with protected rights” in the appropriate place after the definition of “person with leave to enter or remain on the grounds of discretionary leave”;

(c) in the newly positioned definition of “person with protected rights”(1)—

(i) re-number the existing text after “means—” as paragraph (1) of the definition;

(ii) in that paragraph as so numbered, omit sub-paragraph (a)(iii);

(iii) after sub-paragraph (a)(iv), insert—

“(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;

(iv) after that paragraph as so numbered, insert—

“(2) In paragraph (1)(a)(v), “citizens’ rights deeming provisions” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(2)); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.

(1)

Definition inserted by S.R. 2021 No. 85.

(2)

2020 c. 1.