The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 No. 3032

SCHEDULE 1 U.K. Amendments to the 2006 Regulations

Commencement Information

I1 Sch. 1 partly in force at 1.1.2014, Sch. 1 para. 6(a)(b), 19(a), 20(b), 22, 23, 25(a) in force at 7.4.2014, see reg. 2

New regulation 28A (national security: EEA decisions) U.K.

24.  After regulation 28, insert—

“National security: EEA Decisions

28A.— (1) Section 97A M1 of the 2002 Act applies to an appeal against an EEA decision where the Secretary of State has certified under regulation 28(2) or (4) that the EEA decision was taken in the interests of national security.

(2) Where section 97A so applies, it has effect as if—

(a) the references in that section to a deportation order were to an EEA decision;

(b) subsections (1), (1A), (2)(b) and (4) were omitted;

(c) the reference in subsection (2)(a) to section 79 were a reference to regulations 27(2) and (3) and 29 of these Regulations; and

(d) in subsection (2A), for sub-paragraphs (a) and (b), “against an EEA decision” were substituted.”.

Marginal Citations

M1 Section 97A of the Nationality, Immigration and Asylum 2002 Act (c. 41) was inserted by section 7(1) of the Immigration, Nationality and Asylum Act 2006 (c. 13); section 54 of the Crime and Courts Act 2013 (c. 22) inserted subsections (1A) and (2A) to (2L) into, and substituted subsection (2)(c) in, section 97A.