Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

PART 3 U.K. General

Modifications etc. (not altering text)

C1 Pt. 3 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 6, Sch. 5, Sch. 5A

C2 Pt. 3: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82, 87(1)(4)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29

7 Interpretation U.K.

In this Act—

• “domestic law” means the law of England and Wales, Scotland or Northern Ireland;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;

• “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

• “primary legislation” means—

  (a)

  an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  an Act or Measure of Senedd Cymru;

  (d)

  Northern Ireland legislation.

Modifications etc. (not altering text)

C3 S. 7 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (EU Withdrawal) (Jersey) Order 2020 (S.I. 2020/1566), arts. 1(1), 2, Sch.

C4 S. 7 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 6, Sch. 5, Sch. 5A

8 Extent U.K.

(1) Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.

(2) Her Majesty may by Order in Council provide for any of the provisions of Part 1 of this Act, and of sections 7 and 10 (so far as relating to that Part), to extend, with or without modifications, to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) any of the British overseas territories.

(3) A power listed in subsection (4) may be exercised so as to extend, with or without modifications, to any of the Channel Islands or the Isle of Man any repeal or other amendment, made by Part 1, of legislation to which the power relates.

(4) The powers are the powers under any of the following provisions—

(a) section 36 of the Immigration Act 1971;

(b) section 163(4) of the Nationality, Immigration and Asylum Act 2002;

(c) section 60(4) of the UK Borders Act 2007.

(5) Regulations under section 5 may provide that an amendment, repeal or revocation made by those regulations has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council under any of the Immigration Acts).

Modifications etc. (not altering text)

C5 S. 8(2) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(o), 87(3)(c)

9 Commencement U.K.

(1) Subject to subsection (2), Part 1 comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(2) The following provisions of section 3 come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) subsection (4);

(b) subsections (2) and (6) so far as relating to subsection (4).

(3) Regulations under subsection (1) may make different provision for different purposes.

(4) Part 2 comes into force on such day as the Secretary of State or the Treasury may by regulations made by statutory instrument appoint.

(5) Regulations under subsection (4) may make different provision for different purposes or areas.

(6) This Part comes into force on the day on which this Act is passed.

(7) The power of the Secretary of State or the Treasury to appoint a day under subsection (1) or (4) includes a power to appoint a time on a day if the Secretary of State or, as the case may be, the Treasury considers it appropriate to do so.

10 Short title U.K.

This Act may be cited as the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020.

Modifications etc. (not altering text)

C6 S. 10 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 6, Sch. 5, Sch. 5A

C7 S. 10 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (EU Withdrawal) (Jersey) Order 2020 (S.I. 2020/1566), arts. 1(1), 2, Sch.

C8 S. 10 extended (Isle of Man) (with modifications) (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2008/680, art. 23(1)(2)(e), Sch. 10 (as inserted by The Immigration (Isle of Man) (Amendment) (No. 3) Order 2020 (S.I. 2020/1576), art. 7, Sch.)