Exiting The European Union PART 1 Introduction Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Immigration, Nationality and Asylum (EU Exit) Regulations 2019. 2 These Regulations come into force on the later of exit day or the day after the day on which they are made. 3 Subject to paragraphs (4) and (5), these Regulations extend to England and Wales, Scotland and Northern Ireland. 4 Any amendment, repeal or revocation made by these Regulations has the same extent within the United Kingdom as the provision to which it relates. 5 Any saving or transitional provision in these Regulations has the same extent within the United Kingdom as the provision to which it relates. 6 In these Regulations “ domestic law ” means the law of England and Wales, Scotland or Northern Ireland. PART 2 Immigration and Nationality Chapter 1 Amendment of primary legislation Amendment of the Marriage Act 1949 2 In section 78 of the Marriage Act 1949 (interpretation), in subsection (1), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”. Amendment of the Aliens' Employment Act 1955 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Immigration Act 1971 4 1 The Immigration Act 1971 is amended as follows. 2 In section 2 (statement of right of abode in United Kingdom) , in subsection (2), for “and section 5(2)” substitute “ , section 5(2) and section 25 ” . 3 In section 25 (assisting unlawful immigration to member State) — a in the heading, after “member State” insert “ or the United Kingdom ” ; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c in subsection (2)— i after “member State” insert “ or the United Kingdom ” ; ii after “of the State” insert “ or, as the case may be, of the United Kingdom ” ; iii in paragraphs (a), (b) and (c), after “the State” insert “ or the United Kingdom ” ; d after subsection (2), insert— 2A In subsections (1) and (2), “ national of the United Kingdom ” means— a a British citizen; b a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or b a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. ; e in subsection (7)(a), for the words from “a State” to the end substitute “ Norway or Iceland ” ; f in subsection (7)(b), for “a State on that list”, substitute “ Norway or Iceland ” ; g omit subsection (8). 4 In section 25C (forfeiture of vehicle, ship or aircraft) , in subsection (9)(a), after “a member State” insert “ or the United Kingdom ” . Amendment of the Marriage (Scotland) Act 1977 5 In section 26 of the Marriage (Scotland) Act 1977 (interpretation), in subsection (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”. Amendment of the Rent Act 1977 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the British Nationality Act 1981 7 For section 5 of the British Nationality Act 1981 (acquisition by registration: nationals for purposes of the EU Treaties) substitute— Acquisition by registration: British overseas territories citizens having connection with Gibraltar 5 A person who is a British overseas territories citizen by virtue of a connection with Gibraltar is entitled to be registered as a British citizen if an application is made for their registration as such a citizen. . Amendment of the Immigration Act 1988 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Housing Act 1988 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Police Act 1997 10 In Schedule 8B to the Police Act 1997 (offences which are to be disclosed subject to rules), in paragraph 69 (immigration, etc), in sub-paragraph (c), in the words in brackets, after “member State” insert “ or the United Kingdom ” . Amendment of the Immigration and Asylum Act 1999 11 1 The Immigration and Asylum Act 1999 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In section 24 (duty to report suspicious marriages) , in subsection (6)— a in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”; b omit the definition of “United Kingdom immigration law”. 4 In section 24A (duty to report suspicious civil partnerships) , in subsection (5A)— a in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”; b omit the definition of “United Kingdom immigration law”. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In section 84 (provision of immigration services) , in subsection (2)— a omit paragraphs (c) and (d) (but not the “or” at the end of paragraph (d)); b in paragraph (e), for “(d)” substitute “ (ba) ” . 7 In section 86 (designated professional bodies) , in subsection (8), in paragraph (a), for “an EEA State” substitute “ Scotland or Northern Ireland ” . 8 In section 93 (disclosure of information) , in subsection (3)(b), omit “or any EU obligation of the Commissioner”. Amendment of the Nationality, Immigration and Asylum Act 2002 12 1 The Nationality, Immigration and Asylum Act 2002 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 141 (EEA ports: juxtaposed controls)— a in subsection (1), after “immigration control at” insert “ a United Kingdom port or ” ; b in subsection (6)— i in the definition of “EEA port” omit “or from”; ii after the definition of “specified area” insert— “ United Kingdom port ” means a port in the United Kingdom from which passengers are commonly carried by sea to an EEA State. . 5 In Schedule 3 (withholding and withdrawal of support)— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b in paragraph 4 (first class of ineligible person: refugee status abroad), in sub-paragraph (2)— i in paragraph (a), after “EEA State” insert “ and is not a British citizen ” ; and ii in paragraph (b), omit “other than the United Kingdom”; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Marriage (Northern Ireland) Order 2003 13 In article 2 of the Marriage (Northern Ireland) Order 2003 (interpretation), in paragraph (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”. Amendment of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Civil Partnership Act 2004 15 In section 30A of the Civil Partnership Act 2004 (relevant nationals), in paragraph (b), omit “other than the United Kingdom”. Amendment of the Serious Crime Act 2007 16 In Schedule 3 to the Serious Crime Act 2007 (listed offences), in paragraph 11, in the words in brackets, after “member State” insert “ or the United Kingdom ” . Amendment of the UK Borders Act 2007 17 1 The UK Borders Act 2007 is amended as follows. 2 In section 32 (automatic deportation), in subsection (1)(a), after “British citizen” insert “ or an Irish citizen ” . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Criminal Justice and Immigration Act 2008 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Borders, Citizenship and Immigration Act 2009 19 1 The Borders, Citizenship and Immigration Act 2009 is amended as follows. 2 In section 1 (general customs functions of the Secretary of State), in subsection (8)(c), for “EU law” in each place where it appears substitute “ retained EU law ” . 3 In section 7 (customs revenue functions of the Director), in subsection (2), omit paragraph (a). 4 In section 26 (transfer schemes), in subsection (7), in the definition of “relevant function”, in paragraph (b), for “EU law” substitute “ retained EU law ” . 5 In section 38 (interpretation), omit the definition of “EU law”. Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 20 In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (services), in paragraph 30 (immigration: rights to enter and remain)— a for sub-paragraph (1), substitute— 1 Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom which— a arise from— i the Refugee Convention; or ii Article 2 or 3 of the Human Rights Convention; or b are conferred by— i immigration rules, insofar as they implemented the Qualification Directive; or ii any other provision of retained EU law which implemented the Qualification Directive. ; b in sub-paragraph (4)— i after the definition of “the Human Rights Convention”, insert— “ immigration rules ” has the meaning given by section 33(1) of the Immigration Act 1971 ; ; ii omit the definition of “the Temporary Protection Directive”. Amendment of the Immigration Act 2014 21 1 The Immigration Act 2014 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 42 (“ bank ” and “ building society ”)— a omit subsection (2)(b); b in subsection (3), in each place where it appears, omit “or firm”. 5 In section 49 (exempt persons)— a in subsection (2)(a), for the words from “an enforceable EU right” to the end, substitute— i a retained enforceable EU right, or ii any provision made under section 2(2) of the European Communities Act 1972 as that provision is modified from time to time; ; b after subsection (2), insert— 2A “ Retained enforceable EU right ” means a right that— a was created or arose by or under the EU Treaties before the coming into force of this subsection, 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. . 6 In section 62 (interpretation of Part 4), in subsection (1), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Modern Slavery Act 2015 22 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 16, in the words in brackets, after “member state” insert “ or the United Kingdom ” . Chapter 2 Amendment of subordinate legislation Amendment of the Special Constables Regulations 1965 23 The existing provisions of regulation 1 of the Special Constables Regulations 1965 (qualifications for appointment) become paragraph (1) of that regulation and— a in sub-paragraph (a) of those provisions, after “if not a national of” insert “ the United Kingdom or ” ; b after those provisions insert— 2 For the purposes of this regulation, “ national of the United Kingdom ” means— a a British citizen; b a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or c a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. . Amendment of the Immigration (Control of Entry through Republic of Ireland) Order 1972 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Immigration (Leave to Enter and Remain) Order 2000 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Detention Centre Rules 2001 26 1 The Detention Centre Rules 2001 are amended as follows. 2 In rule 9 (detention reviews and up-date of claim), in paragraph (3), in each of sub-paragraphs (d) and (e), for “EU law” substitute “ retained EU law ” . 3 In rule 27 (correspondence), in paragraph (6), omit “the European Court of Justice,”. Amendment of the Police Trainee Regulations (Northern Ireland) 2001 27 The existing provisions of regulation 2A of the Police Trainee Regulations (Northern Ireland) 2001 (qualifications for appointment as a police trainee) become paragraph (1) of that regulation and— a in sub-paragraph (a) of those provisions, for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ” ; b after those provisions insert— 2 In this regulation— “ EEA State ”, in relation to a time, means— a state which at that time is a member State, or any other state which at that time is a party to the EEA agreement; “ national of the United Kingdom ” means— a British citizen, a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. . Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 28 In article 12 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (application of criminal law to a Control Zone in France), in paragraph (1)(b), after “member State” insert “ or the United Kingdom ” . Amendment of the Police Regulations 2003 29 In regulation 10 of the Police Regulations 2003 (qualifications for appointment to a police force)— a in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ” ; b in paragraph (3)— i omit “and” at the end of sub-paragraph (a); ii after sub-paragraph (aa) insert— ab “ national of the United Kingdom ” means— i a British citizen; ii a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or iii a person who is a British overseas territories citizen by virtue of a connection with Gibraltar; . Amendment of the British Nationality (General) Regulations 2003 30 1 The British Nationality (General) Regulations 2003 are amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In regulation 4 (authority to whom application is to be made), in paragraph (3), for “(acquisition by registration: nationals for purposes of the EU Treaties)” substitute “ (acquisition by registration: British overseas territories citizens having connection with Gibraltar) ” . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In Schedule 2 (particular requirements as respects applications)— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b in paragraph 12(a) (application under section 5 of the Act), for “for the purposes of the EU treaties” substitute “ by virtue of a connection with Gibraltar ” ; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Police Reserve Trainee Regulations (Northern Ireland) 2004 31 In regulation 1B of the Police Reserve Trainee Regulations (Northern Ireland) 2004 (appointment as a police reserve trainee)— a in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ” ; b after paragraph (3) insert— 4 In this regulation— “ EEA state ”, in relation to a time, means— a state which at that time is a member State, or any other state which at that time is a party to the EEA agreement; “ national of the United Kingdom ” means— a British citizen, a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. . Amendment of the Police Service of Northern Ireland Regulations 2005 32 In regulation 10 of the Police Service of Northern Ireland Regulations 2005 (qualifications for appointment (where no service as a police trainee))— a in paragraph (1)(a), for “a Member State, Norway, Iceland or Liechtenstein” substitute “ the United Kingdom or an EEA State ” ; b in paragraph (3)— i omit “and” at the end of sub-paragraph (a); ii after sub-paragraph (a) insert— aa “ EEA state ”, in relation to a time, means— i a state which at that time is a member State, or ii any other state which at that time is a party to the EEA agreement; ab “ national of the United Kingdom ” means— i a British citizen, ii a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or iii a person who is a British overseas territories citizen by virtue of a connection with Gibraltar; . Amendment of the Immigration (Provision of Physical Data) Regulations 2006 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Immigration (Biometric Registration) Regulations 2008 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Police Service of Scotland Regulations 2013 35 In regulation 6 of the Police Service of Scotland Regulations 2013 (qualifications for appointment to the Police Service)— a in paragraph (1)(i), after “if not a national of” insert “ the United Kingdom or ” ; b after paragraph (3) insert— 4 For the purposes of this regulation, “ national of the United Kingdom ” means— a a British citizen; b a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or c a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. . Amendment of the Police Service of Scotland (Special Constables) Regulations 2013 36 In regulation 5 of the Police Service of Scotland (Special Constables) Regulations 2013 (qualifications for appointment as a special constable)— a in paragraph (1)(h), after “if not a national of” insert “ the United Kingdom or ” ; b after paragraph (4) insert— 5 For the purposes of this regulation, “ national of the United Kingdom ” means— a a British citizen; b a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or c a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. . Amendment of the Immigration (Passenger Transit Visa) Order 2014 37 In article 2(6) of the Immigration (Passenger Transit Visa) Order 2014 , in the definition of “Schengen Acquis State”, omit “United Kingdom and”. Amendment of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015 38 In Schedule 1 to the Referral of Proposed Marriages and Civil Partnerships Regulations 2015 (evidence of particular immigration status), in paragraph 1 (permanent residence)— a in sub-paragraph (1)— 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 sub-paragraph (2)— i the words after “In this paragraph” become a new sub-paragraph; ii at the end 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. . Amendment of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 39 In regulation 18 of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 (prescribed information about the investigation)— a in paragraph (2)(b)(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 after paragraph (2), insert— 3 For the purposes of paragraph (2)(b)(ii) “ retained enforceable EU right ” means a right that— a was created or arose by or under the EU Treaties before the time when this paragraph comes 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. . Amendment of the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 40 In Schedule 1 to the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 (evidence of particular immigration status), in paragraph 1 (permanent residence)— a in sub-paragraph (1)— 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 sub-paragraph (2)— i the words after “In this paragraph” become a new sub-paragraph; ii at the end 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. . Amendment of the Immigration (Health Charge) Order 2015 41 In Schedule 2 to the Immigration (Health Charge) Order 2015 , in paragraph 1(l), for “an EU obligation (within the meaning of Part 2 of Schedule 1 to the European Communities Act 1972)” substitute “ a retained EU obligation ” . Amendment of the Immigration and Nationality (Fees) Order 2016 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Immigration (European Economic Area) Regulations 2016 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Short-term Holding Facility Rules 2018 44 1 The Short-term Holding Facility Rules 2018 are amended as follows. 2 In rule 12 (reasons for detention and update of claim), in paragraph (3), in each of sub-paragraphs (d) and (e), for “European Union law” substitute “ retained EU law ” . 3 In rule 24 (correspondence), in paragraph (2)(a), omit “the Court of Justice of the European Union,”. Chapter 3 Revocation of subordinate legislation Revocation of the Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004 45 The Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004 is revoked. Revocation of the Accession (Immigration and Worker Authorisation) Regulations 2006 46 The Accession (Immigration and Worker Authorisation) Regulations 2006 are revoked. Chapter 4 Revocation of retained direct EU legislation etc. Revocation of retained direct EU legislation relating to immigration and nationality 47 Part 1 of Schedule 1 has effect. Disapplication of inconsistent retained EU rights etc. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5 EC Association Agreement with Turkey Disapplication of rights etc. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Asylum Chapter 1 Amendment of primary legislation Amendment of the Nationality, Immigration and Asylum Act 2002 50 1 The Nationality, Immigration and Asylum Act 2002 is amended as follows. 2 In section 94 (appeal from within United Kingdom: unfounded human rights or protection claim), in subsection (5D), omit “other”. 3 Omit section 94A (European Common List of Safe Countries of Origin). Amendment of the Immigration Act 2014 51 In Schedule 9 to the Immigration Act 2014 (transitional and consequential provision), omit paragraph 39. Chapter 2 Revocation of subordinate legislation Revocation of the Displaced Persons (Temporary Protection) Regulations 2005 52 The Displaced Persons (Temporary Protection) Regulations 2005 are revoked. Revocation of the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 53 The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 are revoked. Chapter 3 Revocation of retained direct EU legislation Revocation of retained direct EU legislation 54 Part 2 of Schedule 1 has effect. Chapter 4 International Agreements Revocation of rights etc. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Supplementary Saving and transitional provisions 56 Schedule 2 (saving and transitional provisions) has effect. Amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005 57 Schedule 3 (amendments consequential on revocation of the Displaced Persons (Temporary Protection) Regulations 2005) has effect. Caroline Nokes Minister of State Home Office