Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20)

SCHEDULES

Section 1

SCHEDULE 1 U.K. Repeal of the main retained EU law relating to free movement etc.

PART 1 U.K. EU-derived domestic legislation

1 U.K. Section 7 of the Immigration Act 1988 (exemption from requirement for leave to enter or remain for persons exercising EU rights etc.) is omitted.

Commencement Information

I1 Sch. 1 para. 1 in force at 31.12.2020 by S.I. 2020/1279, reg. 4(c) (with saving in S.I. 2020/1309, regs. 1(2), 83, Sch. 4 paras. 5-7)

2 (1) Section 109 of the Nationality, Immigration and Asylum Act 2002 (power to make regulations about appeals against immigration decisions in respect of persons having, or claiming to have, EU rights) is omitted. U.K.

(2) The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), made under section 2(2) of the European Communities Act 1972 as well as under section 109 of the 2002 Act, are revoked.

(3) In consequence of the repeal made by sub-paragraph (1), in the following provisions of the 2002 Act, omit “or by virtue of section 109”—

(a) section 106(3) and (4);

(b) section 107(3).

Commencement Information

I2 Sch. 1 para. 2 in force at 31.12.2020 by S.I. 2020/1279, reg. 4(c) (with savings in S.I. 2020/1309, regs. 1(2), 82, 83, Sch. 3 para. 7, Sch. 4 paras. 1-4)

3 U.K. In the Provision of Services Regulations 2009 (S.I. 2009/2999), in regulation 5 (general exclusions and savings), after paragraph (2) insert—

“(2A) Nothing in these Regulations affects the interpretation, application or operation of any provision made by or under the Immigration Acts.”

Commencement Information

I3 Sch. 1 para. 3 in force at 31.12.2020 by S.I. 2020/1279, reg. 4(c)

PART 2 U.K. Retained direct EU legislation

4 (1) Article 1 of the Workers Regulation is omitted. U.K.

(2) Articles 2 to 10 of the Workers Regulation cease to apply so far as—

(a) they are inconsistent with any provision made by or under the Immigration Acts (including, and as amended by, this Act), or

(b) they are otherwise capable of affecting the interpretation, application or operation of any such provision.

(3) In this paragraph, “the Workers Regulation” means Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union.

Commencement Information

I4 Sch. 1 para. 4 in force at 31.12.2020 by S.I. 2020/1279, reg. 4(c)

F1 PART 3 U.K. EU-derived rights etc.

Textual Amendments

F1 Sch. 1 Pt. 3 omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 92(5)

F1 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .