Part 1 Measures relating to ending free movement

1 Repeal of the main retained EU law relating to free movement etc

Schedule 1 makes provision to—

(a) 5end rights to free movement of persons under retained EU law, including by
repealing the main provisions of retained EU law relating to free movement,
and

(b) end other EU-derived rights, and repeal other retained EU law, relating to
immigration.

2 10Irish citizens: entitlement to enter or remain without leave

(1) The Immigration Act 1971 is amended in accordance with subsections (2) to (4).

(2) After section 3 insert—

“3ZA Irish citizens

(1) An Irish citizen does not require leave to enter or remain in the United
15Kingdom, unless subsection (2), (3) or (4) applies to that citizen.

(2) This subsection applies to an Irish citizen if the Irish citizen is subject to
a deportation order made under section 5(1).

(3) This subsection applies to an Irish citizen if—

(a) the Secretary of State has issued directions for the Irish citizen
not to be given entry to the United Kingdom on the ground that
the Irish citizen’s exclusion is conducive to the public good,

(b) the Secretary of State has given the Irish citizen notice of the
5directions, and

(c) the directions have not been withdrawn.

(4) This subsection applies to an Irish citizen if the Irish citizen is an
excluded person for the purposes of section 8B (persons excluded
under international obligations etc).

(5) 10Where subsection (2), (3) or (4) applies to an Irish citizen, section 1(3)
does not permit the Irish citizen to enter the United Kingdom without
leave on arriving in the United Kingdom on a local journey from any
place in the common travel area.””

(3) In section 9 (further provisions about the common travel area)—

(a) 15in subsection (2), in the closing words, after “British citizens” insert “or
Irish citizens”;

(b) in subsection (4), in the opening words, after “British citizen” insert “or
an Irish citizen”.

(4) In Schedule 4 (integration with UK law of immigration law of the Islands)—

(a) 20in paragraph 1, in sub-paragraphs (1) and (2), after “British citizen”
insert “or an Irish citizen”;

(b) in paragraph 4, after “British citizen” insert “or an Irish citizen”.

3 Meaning of “the Immigration Acts” etc

(1) In section 61 of the UK Borders Act 2007, in subsection (2) (which defines “the
25Immigration Acts”)—

(a) omit the “and” at the end of paragraph (j);

(b) after paragraph (k) insert “, and

“(l) Part 1 of the Immigration and Social Security Co-
ordination (EU Withdrawal) Act 2019 (and Part 3 so far
30as relating to that Part).””

(2) This Part is not retained EU law.

4 Consequential etc provision

(1) The Secretary of State may by regulations made by statutory instrument make such
provision as the Secretary of State considers appropriate in consequence of, or in
35connection with, any provision of this Part.

(2) The power to make regulations under subsection (1) may (among other things)
be exercised by modifying—

(a) any provision made by or under primary legislation passed before, or
in the same Session as, this Act;

(b) 40retained direct EU legislation.

(3) The power to make regulations under subsection (1) includes power—

(a) to make supplementary, incidental, transitional, transitory or saving
provision;

(b) to make different provision for different purposes.

(4) Regulations under subsection (1) may (among other things) make provision
applying to persons who, immediately before the day on which section 1
comes into force, were not entitled to enter or remain in the United Kingdom
without leave by virtue of—

(a) 5an enforceable EU right, or

(b) any provision made under section 2(2) of the European Communities
Act 1972.

(5) Regulations under subsection (1) may (among other things) modify provision relating
to the imposition of fees or charges which is made by or under primary legislation
10passed before, or in the same Session as, this Act.

(6) The first statutory instrument containing regulations under subsection (1)
(whether alone or with other provision)—

(a) must be laid before Parliament after being made, and

(b) ceases to have effect at the end of the period of 40 days beginning with
15the day on which the instrument is made unless, during that period, the
instrument is approved by a resolution of each House of Parliament.

(7) Any other statutory instrument containing regulations under subsection (1)
that amend or repeal any provision of primary legislation (whether alone or
with other provision) is not to be made unless a draft of the instrument has
20been laid before, and approved by a resolution of, each House of Parliament.

(8) A statutory instrument containing regulations under subsection (1), other than
a statutory instrument to which subsection (6) or (7) applies, is subject to
annulment in pursuance of a resolution of either House of Parliament.

(9) In calculating the period of 40 days for the purposes of subsection (6), no
25account is to be taken of any time—

(a) during which Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than 4 days.

(10) If regulations cease to have effect as a result of subsection (6), that—

(a) does not affect the validity of anything previously done under the
30regulations, and

(b) does not prevent the making of new regulations.

Part 2 Social security co-ordination

5 Power to modify retained direct EU legislation relating to social security co-
35ordination

(1) An appropriate authority may by regulations modify the retained direct EU legislation
mentioned in subsection (2).

(2) The retained direct EU legislation is—

(a) Regulation (EC) No 883/2004 of the European Parliament and of the
40Council on the co-ordination of social security systems;

(b) Regulation (EC) No 987/2009 of the European Parliament and of the
Council laying down the procedure for implementing Regulation (EC)
No 883/2004;

(c) Regulation (EEC) No 1408/71 on the application of social security
schemes to employed persons, to self-employed persons and to
members of their families moving within the Community;

(d) Regulation (EEC) No 574/72 fixing the procedure for implementing
5Regulation (EEC) No 1408/71;

(e) Regulation (EC) No 859/2003 extending Regulation 1408 to nationals of
non-EU Member Countries.

(3) The power to make regulations under subsection (1) includes power—

(a) to make different provision for different categories of person to whom
10they apply (and the categories may be defined by reference to a
person’s date of arrival in the United Kingdom, their immigration
status, their nationality or otherwise);

(b) otherwise to make different provision for different purposes;

(c) to make supplementary, incidental, consequential, transitional,
15transitory or saving provision;

(d) to provide for a person to exercise a discretion in dealing with any
matter.

(4) The power to make provision mentioned in subsection (3)(c) includes power to
modify—

(a) 20any provision made by or under primary legislation;

(b) retained direct EU legislation which is not mentioned in subsection (2).

(5) EU-derived rights, powers, liabilities, obligations, restrictions, remedies and
procedures cease to be recognised and available in domestic law so far as they
are inconsistent with, or are otherwise capable of affecting the interpretation,
25application or operation of, provision made by regulations under this section.

(6) “EU-derived rights, powers, liabilities, obligations, restrictions, remedies and
procedures” means any rights, powers, liabilities, obligations, restrictions,
remedies and procedures which continue to be recognised and available in
domestic law by virtue of section 4 of the European Union (Withdrawal) Act
302018 (including as they are modified by domestic law from time to time).

(7) In this section, “appropriate authority” means—

(a) the Secretary of State or the Treasury,

(b) a devolved authority, or

(c) a Minister of the Crown acting jointly with a devolved authority.

(8) 35Schedule 2 contains further provision about the power of devolved authorities
to make regulations under this section.

(9) Schedule 3 contains provision about the making of regulations under this
section.

Part 3 40General

6 Interpretation

In this Act—

• “devolved authority” means the Scottish Ministers or a Northern Ireland
  department;

Immigration and Social Security Co-ordination (EU Withdrawal) BillPage 5

• “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
  5Majesty’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)

  10an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales;

  (d)

  Northern Ireland legislation.

7 Extent, commencement and short title

(1) Subject to subsections (2) to (5), this Act extends to England and Wales,
15Scotland and Northern Ireland.

(2) Her Majesty may by Order in Council provide for any of the provisions of Part
1 of this Act to extend, with or without modifications, to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) 20any 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) 25The 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 4 may provide that an amendment, repeal or
30revocation 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).

(6) Section 6 and this section come into force on the day on which this Act is
passed.

(7) 35Section 5 and Schedules 2 and 3 come into force on such day as the Secretary of
State or the Treasury may by regulations made by statutory instrument
appoint.

(8) The other provisions of this Act come into force on such day as the Secretary of
State may by regulations made by statutory instrument appoint.

(9) 40Regulations under subsection (7) or (8) may make—

(a) transitional, transitory or saving provision;

(b) different provision for different purposes.

(10) Regulations under subsection (7) may make different provision for different
areas.

(11) This Act may be cited as the Immigration and Social Security Co-ordination
(EU Withdrawal) Act 2019.

SCHEDULES

Section 1

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

Part 1 5EU-derived domestic legislation

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

2 (1) Section 109 of the Nationality, Immigration and Asylum Act 2002 (power to
make regulations about appeals against immigration decisions in respect of
10persons having, or claiming to have, EU rights) is omitted.

(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
15provisions of the 2002 Act, omit “or by virtue of section 109”—

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

(b) section 107(3).

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

“(2A) 20Nothing in these Regulations affects the interpretation,
application or operation of any provision made by or under
the Immigration Acts.””

Part 2 Retained direct EU legislation

4 (1) 25Article 1 of the Workers Regulation is omitted.

(2) The other provisions 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
30or 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.

5 The following Regulations are revoked—

(a) Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a
uniform format for visas;

(b) Council Regulation (EC) No 333/2002 of 18 February 2002 on a
uniform format for forms for affixing the visa issued by Member
5States to persons holding travel documents not recognised by the
Member State drawing up the form;

(c) Council Regulation (EC) No 377/2004 of 19 February 2004 on the
creation of an immigration liaison officers network.

6 The following Decisions are revoked—

(a) 10Commission Decision of 8 June 1988 setting up a prior
communication and consultation procedure on migration policies in
relation to non-member countries (88/384/EEC);

(b) Council Decision of 26 May 1997 on the exchange of information
concerning assistance for the voluntary repatriation of third-country
15nationals (97/340/JHA);

(c) Council Decision of 23 February 2004 setting out the criteria and
practical arrangements for the compensation of the financial
imbalances resulting from the application of Directive 2001/40/EC
on the mutual recognition of decisions on the expulsion of third-
20country nationals (2004/191/EC);

(d) Council Decision of 29 April 2004 on the organisation of joint flights
for removals from the territory of two or more Member States of
third-country nationals who are subjects of individual removal
orders (2004/573/EC);

(e) 25Council Decision of 16 March 2005 establishing a secure web-based
Information and Coordination Network for Member States’
Migration Management Services (2005/267/EC);

(f) Commission Decision of 29 September 2005 on the format for the
report on the activities of immigration liaison officer networks and
30on the situation in the host country in matters relating to illegal
immigration (2005/687/EC);

(g) Council Decision of 14 May 2008 establishing a European Migration
Network (2008/381/EC).

7 (1) The following Decisions are also revoked but only so far as they relate to
35Article 26 of the 1990 Schengen Convention—

(a) Council Decision of 29 May 2000 concerning the request of the
United Kingdom to take part in some of the provisions of the
Schengen acquis (2000/365/EC);

(b) Council Decision of 22 December 2004 on the putting into effect of
40parts of the Schengen acquis by the United Kingdom (2004/926/EC).

(2) In this paragraph, “the 1990 Schengen Convention” means the Convention
implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of
45checks at their common borders.

Part 3 EU-derived rights etc

8 (1) Any rights, powers, liabilities, obligations, restrictions, remedies and
procedures which—

(a) 5continue to be recognised and available in domestic law by virtue of
section 4 of the European Union (Withdrawal) Act 2018, and

(b) are derived from Articles 1, 2, 3(1) to (4), 4, 6, 7, 12, 13, 17(b), 20, 23 or
24 of Annex 1 of the Swiss free movement agreement (or, so far as
relating to any of those Articles of that Annex, Articles 3 to 6 of the
10agreement),

cease to be recognised and available in domestic law.

(2) In sub-paragraph (1), “the Swiss free movement agreement” means the
Agreement between the European Community and its Member States, of the
one part, and the Swiss Confederation, of the other, on the free movement of
15persons (done at Luxembourg on 21 June 1999).

9 (1) Any other EU-derived rights, powers, liabilities, obligations, restrictions,
remedies and procedures cease to be recognised and available in domestic
law so far as—

(a) they are inconsistent with, or are otherwise capable of affecting the
20interpretation, application or operation of, 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 exercise of functions in
connection with immigration.

(2) 25The reference in sub-paragraph (1) to any other EU-derived rights, powers,
liabilities, obligations, restrictions, remedies and procedures is a reference to
any rights, powers, liabilities, obligations, restrictions, remedies and
procedures which—

(a) continue to be recognised and available in domestic law by virtue of
30section 4 of the European Union (Withdrawal) Act 2018 (including as
they are modified by domestic law from time to time), and

(b) are not those described in paragraph 8 of this Schedule.

(3) The reference in sub-paragraph (1) to provision made by or under the
Immigration Acts includes provision made after that sub-paragraph comes
35into force.