The Accession (Immigration and Worker Authorisation) Regulations 2006

Transitional provisions to take account of the application of the 2006 Regulations to nationals of Bulgaria and Romania and their family members on 1^st January 2007

8.—(1) Where before 1st January 2007 directions have been given for the removal of a Bulgarian or Romanian national or the family member of such a national under paragraphs 8 to 10A of Schedule 2 to the 1971 Act(1) or section 10 of the 1999 Act, those directions shall cease to have effect on and after that date.

(2) Where before 1st January 2007 the Secretary of State has made a decision to make a deportation order against a Bulgarian or Romanian national or the family member of such a national under section 5(1) of the 1971 Act—

(a) that decision shall, on and after 1st January 2007, be treated as if it were a decision under regulation 19(3)(b) of the 2006 Regulations; and

(b) any appeal against that decision, or against the refusal of the Secretary of State to revoke the deportation order, made under section 63 of the 1999 Act or section 82(2)(j) or (k) of the 2002 Act before 1st January 2007, shall, on or after that date, be treated as if it had been made under regulation 26 of the 2006 Regulations.

(3) In this regulation—

(a) “the 1999 Act” means the Immigration and Asylum Act 1999(2);

(b) “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002(3);

(c) any reference to the family member of a Bulgarian or Romanian national is a reference to a person who on 1st January 2007 acquires a right to reside in the United Kingdom under the 2006 Regulations as the family member of a Bulgarian or Romanian national.

(1)

Paragraphs 8 to 10 have been amended by the Schedule to the Immigration Act 1988 (c.14), Schedule 2 to the Asylum and Immigration Act 1996 (c. 49) and Schedule 7 to the Nationality, Immigration and Asylum Act 2002 (c.41), and paragraph 10A was inserted by section 73 of the 2002 Act.

(2)

1999 c. 33; section 63 of the 1999 Act was repealed by Schedule 9 to the Nationality, Immigration and Asylum Act 2002 but continues to have effect in relation to appeals made before 1st April 2003.

(3)

2002 c. 41.