The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

Specified provisions of the EEA Regulations 2016 U.K.

6.—(1) The specified provisions of the EEA Regulations 2016 are—

(a) regulation 2 (general interpretation) with the following modifications—

(i) as if all instances of the words “or any other right conferred by the EU Treaties”—

(aa) in so far as they relate to things done on or after exit day but before commencement day, were a reference to a right conferred by the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb) in so far as they relate to things done on or after commencement day, were omitted;

(ii) as if all instances of the words “or the EU Treaties”—

(aa) in so far as they relate to things done on or after exit day but before commencement day, were a reference to the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb) in so far as they relate to things done on or after commencement day, were omitted;

(iii) as if, at the end of the definition of “deportation order”, there were inserted “ or under section 5(1) of the Immigration Act 1971 ”;

(iv) as if, in the definition of “EEA State”, the words “, other than the United Kingdom” were omitted; and

(v) as if, at the end of the definition of “exclusion order”, there were inserted “ or directions issued by the Secretary of State for a person not to be given entry to the United Kingdom on the grounds that the person's exclusion is conducive to the public good ”;

(b) regulation 3 (continuity of residence) with the modification that, at the end of paragraph (3)(c), there were inserted “or the Immigration Acts”;

(c) regulation 4 (“worker”, “self-employed person”, “self-sufficient person” and “student”) with the modification that, in paragraph (1)(b), for “in accordance with” there were substituted “ within the meaning of ”;

(d) regulation 5 (“worker or self-employed person who has ceased activity”);

(e) regulation 6 (“qualified person”) with the following modifications—

(i) in paragraph (4C), “and having a genuine chance of being engaged” were omitted;

(ii) in paragraph (6), after “employment and” there were inserted “ , when determining whether the person is a jobseeker, ”;

(iii) in paragraph (7), after “continuing to seek employment and” there were inserted “ , where that person is a jobseeker ”;

(f) regulation 7 (“family member”);

(g) regulation 8 (“extended family member”);

(h) regulation 9 (family members and extended family members of British citizens) with the following modifications—

(i) in paragraph (1), at the end there were inserted “and BC is to be treated as satisfying any requirement to be a qualified person”;

(ii) sub-paragraph (a) of paragraph (3) were omitted;

(iii) paragraph (7) were omitted;

(i) regulation 9A (dual national: national of an EEA State who acquires British citizenship);

(j) regulation 10 (“family member who has retained the right of residence”) with the following modifications—

(i) in paragraph (2)(b), in so far as it applies to residence in the United Kingdom after commencement day, for “in accordance with these Regulations” there were substituted “ lawfully ”;

(ii) in paragraph (5)(a), “the initiation of proceedings for” were omitted;

(k) regulation 11 (right of admission to the United Kingdom);

(l) regulation 21 (procedure for applications for documentation under this Part and regulation 12);

(m) regulation 22 (verification of a right of residence);

(n) regulation 23 (exclusion and removal from the United Kingdom) with the modification that in each of paragraphs (1), (5), (6)(b) and (7)(b), after “regulation 27”, there were inserted “ or on conducive grounds in accordance with regulation 27A or if the person is subject to a deportation order by virtue of section 32 of the UK Borders Act 2007 M1 ”;

(o) regulation 24(1), (3),(4), (6) and (7) (refusal to issue or renew and revocation of residence documentation), with the modification that references to revocation are omitted;

(p) regulation 27 (decisions taken on grounds of public policy, public security and public health) with the modification that after regulation 27 there were inserted—

“Decisions taken on conducive grounds

27A.— (1) An EEA decision may be taken on the ground that the decision is conducive to the public good.

(2) But a decision may only be taken under this regulation in relation to a person as a result of conduct of that person that took place after IP completion day.”;

(q) regulation 28 (application of Part 4 to a person with a derivative right to reside) in so far as it applies to a person within regulation 28(1)(c),

(r) regulation 32 (person subject to removal) with the modification that in paragraph (5), after “public health”, there were inserted “ in accordance with regulation 27 or on conducive grounds in accordance with regulation 27A ”;

(s) regulation 33 (human rights considerations and interim orders to suspend removal);

(t) regulation 35 (interpretation of Part 6) in respect of the interpretation of the provisions which continue to apply by virtue of paragraph 4 or 5;

(u) regulation 36 (appeal rights);

(v) regulation 37 (out of country appeals);

(w) regulation 38 (appeals to the Commission);

(x) regulation 39 (national security: EEA decisions);

(y) regulation 40 (effect of appeals to the First-tier Tribunal or Upper Tribunal);

(z) regulation 41 (temporary admission to submit case in person);

(aa) regulation 42 (alternative evidence of identity and nationality);

(bb) Schedule 1 (considerations of public policy, public security and the fundamental interests of society etc.) with the modification that for paragraph 1 there were substituted—

“1.   The United Kingdom enjoys considerable discretion, acting within the parameters set by the law, to define its own standards of public policy and public security, for purposes tailored to its individual context from time to time.”.

(cc) Schedule 2 (appeals to the First-tier Tribunal) with the modification that—

(aa) in relation to an appeal within paragraph 5(1)(a) to (c), in each of paragraphs 1 and 2(4), the words “under the EU Treaties”, in so far as they relate to things done on or after exit day but before commencement day, were a reference to the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb) in relation to an appeal within paragraph 5(1)(d), in each of paragraphs 1 and 2(4), the words “under the EU Treaties”, were a reference to “under the Immigration (European Economic Area) Regulations 2016 as they are continued in effect by these Regulations or the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020, or by virtue of the EU withdrawal agreement, the EEA EFTA separation agreement (which has the same meaning as in the European Union (Withdrawal Agreement) Act 2020) or the Swiss citizens' rights agreement (which has the same meaning as in that Act)”.

Commencement Information

I1 Sch. 3 para. 6 not in force at made date, see reg. 1

I2 Sch. 3 para. 6 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M1 2007 c. 30.