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3. In regulation 2 of the Accession (Immigration and Worker Registration) Regulations 2004(1) (“Accession State worker requiring registration”) —
(a)after paragraph (5) insert the following paragraph —
“(5A) A national of a relevant accession State is not an accession State worker requiring registration during any period in which he is a member of a mission or other person mentioned in section 8(3) of the 1971 Act (member of a diplomatic mission, the family member of such a person, or a person otherwise entitled to diplomatic immunity), other than a person who, under section 8(3A) of that Act, does not count as a member of a mission for the purposes of section 8(3).”;
(b)in paragraph (6)(b), for sub-paragraph (iii) substitute—
“(iii)an accession State national subject to worker authorisation who only has a right to reside under regulation 13 of those Regulations or under regulation 14 of those Regulations by virtue of being treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations.”;
(c)in paragraph (7)—
(i)in sub-paragraph (a), after sub-paragraph (i) insert the following paragraph—
“(ia)he was exempt from the provisions of the 1971 Act by virtue of section 8(3) of that Act; or”;
(ii)in sub-paragraph (c), for “paragraph (5) or (6)” substitute “paragraph (5), (5A) or (6)”.
S.I. 2004/1219; the relevant amending instruments are S.I. 2006/3317 and S.I. 2007/475.
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