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The Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019 No. 1401

Cessation of freedom of establishment

This section has no associated Explanatory Memorandum

2.—(1) Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)continue by virtue of section 4(1) of the European Union (Withdrawal) Act 2018; and

(b)are derived (directly or indirectly) from—

(i)Article 49 of the Treaty on the Functioning of the European Union;

(ii)Article 31 of the EEA Agreement;

(iii)Article 4 of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons signed at Luxembourg on 21st June 1999(1);

(iv)Article 13 of the Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara on 12th September 1963 and Article 41 of the additional Protocol to that Agreement signed at Brussels on 23rd November 1970(2),

cease to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

(2) But the cessation of the rights, powers, liabilities, obligations, restrictions, remedies and procedures set out at paragraph (1)(b)(iii) and (iv) does not apply to any matter which falls within the interpretation, application or operation of the Immigration Acts.

(1)

This Agreement was specified as an EU Treaty by S.I. 2000/3269.

(2)

This Agreement was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, and is a pre-accession treaty falling within paragraph 7 of Part I of Schedule 1 to the European Communities Act 1972 (c. 68).

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