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

Amendment of the Immigration (Biometric Registration) Regulations 2008

34.—(1) The Immigration (Biometric Registration) Regulations 2008(1) are amended as follows.

(2) In regulation 2, 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 9 (use and retention of biometric information), in paragraph (2)(e)—

(a) for “an enforceable EU right” substitute “a retained enforceable EU right”;

(b) after “1972” insert “as that provision is modified from time to time”.

(4) In regulation 11 (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”.

(1)

S.I. 2008/3048; amended by S.I. 2015/433. There have been other amendments to the Regulations which are not relevant to these Regulations.