2(1)In relation to the exercise of immigration and nationality functions, section 149 has effect as if subsection (1)(b) did not apply to the protected characteristics of age, race or religion or belief; but for that purpose “race” means race so far as relating to—E+W+S
(a)nationality, or
(b)ethnic or national origins.
(2)“Immigration and nationality functions” means functions exercisable by virtue of—
(a)the Immigration Acts (excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to criminal offences),
(b)the British Nationality Act 1981,
(c)the British Nationality (Falkland Islands) Act 1983,
(d)the British Nationality (Hong Kong) Act 1990,
(e)the Hong Kong (War Wives and Widows) Act 1996,
(f)the British Nationality (Hong Kong) Act 1997,
(g)the Special Immigration Appeals Commission Act 1997, or
(h)[F1anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to the subject matter of an enactment within paragraphs (a) to (g).
Textual Amendments
F1Words in Sch. 18 para. 2(2)(h) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(8); 2020 c. 1, Sch. 5 para. 1(1)