The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

PART 2 Saving and transitional provisions in relation to immigration and nationality

British Nationality Act 1981

2.—(1) The amendment made by regulation 7 does not affect the determination of an application made under section 5 of the British Nationality Act 1981 before commencement day which has not been determined before commencement day.

(2) For the purpose of determining such an application, section 5 applies as if the reference to a person who falls to be treated as a national of the United Kingdom for the purposes of the EU Treaties were a reference to a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.

Immigration and Asylum Act 1999

3.—(1) Notwithstanding the repeal of section 84(2)(c) of the Immigration and Asylum Act 1999 by regulation 11(6)(a), until the appointed day section 84(2)(c) of that Act (but not sub-paragraph (i) of section 84(2)(c)) continues to have effect in respect of registered European lawyers.

(2) In this paragraph—

“appointed day” means the day on which immigration rules (within the meaning of the Immigration Act 1971(1)) which expressly state that they have effect in connection with the borders and immigration system following the withdrawal of the United Kingdom from the European Union come into force;

“registered European lawyer” means a person who has registered with a designated professional body before commencement day in reliance on domestic legislation implementing Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained;

“designated professional body” has the meaning given in section 86 of the Immigration and Asylum Act 1999.

Nationality, Immigration and Asylum Act 2002

4.—(1) The amendments made by regulations 12(2) and 43 do not affect—

(a) the power in section 109 of the Nationality, Immigration and Asylum Act 2002 to make regulations which provide for, or make provision about, an appeal against an immigration decision taken before commencement day; or

(b) the operation of any regulations made under that section before commencement day in relation to such an appeal.

(2) The amendments made by regulation 12(3) and regulation 33 do not affect the operation of any regulations made under section 126 of the Nationality, Immigration and Asylum Act 2002 before commencement day in relation to an application for a document referred to in section 126(2)(e).

(3) In sub-paragraph (1)(a) “immigration decision” has the meaning given by section 109 of the Nationality, Immigration and Asylum Act 2002 as it had effect immediately before commencement day.

UK Borders Act 2007

5.—(1) The amendment made by regulation 17(3) does not apply in relation to a relevant immigration decision or a relevant nationality decision made before commencement day.

(2) In sub-paragraph (1) “relevant immigration decision” and “relevant nationality decision” have the meaning given in section 56A of the UK Borders Act 2007 as it had effect immediately before commencement day.

Detention Centre Rules 2001

6.  The amendment made by regulation 26(3) does not apply in respect of any letter to the European Court of Justice relating to proceedings that were the subject of a reference to that Court made before commencement day.

Short-term Holding Facility Rules 2018

7.  The amendment made by regulation 44(3) does not apply in respect of any letter to the Court of Justice of the European Union relating to proceedings that were the subject of a reference to that Court made before commencement day.

(1)

1971 c. 77.