European Union (Withdrawal Agreement) Bill (HC Bill 7)

European Union (Withdrawal Agreement) BillPage 10

applications for the new residence status described in Article
17(1));

(iii) the first sentence of Article 16(1)(b) of the Swiss citizens’ rights
agreement (deadline for the submission of applications for the
5new residence status described in Article 16(1));

(b) implementing Article 18(2) of the withdrawal agreement (protection
for Union citizens etc. in the period prior to the deadline for the
submission of applications for the new residence status described in
Article 18(1));

(c) 10implementing Article 17(2) of the EEA EFTA separation agreement
(protection for EEA EFTA nationals etc. in the period prior to the
deadline for the submission of applications for the new residence status
described in Article 17(1));

(d) implementing Article 16(2) of the Swiss citizens’ rights agreement
15(protection for Swiss nationals etc. in the period prior to the deadline
for the submission of applications for the new residence status
described in Article 16(1));

(e) implementing Article 18(3) of the withdrawal agreement (protection
for Union citizens etc. pending a final decision on an application for the
20new residence status described in Article 18(1));

(f) implementing Article 17(3) of the EEA EFTA separation agreement
(protection for EEA EFTA nationals etc. pending a final decision on an
application for the new residence status described in Article 17(1));

(g) implementing Article 16(3) of the Swiss citizens’ rights agreement
25(protection for Swiss nationals etc. pending a final decision on an
application for the new residence status described in Article 16(1)).

(2) If the Minister considers it appropriate, regulations under subsection (1)
relating to the implementation of a provision mentioned in subsection (1)(b),
(c) or (d) may be made so as to apply both to—

(a) 30persons to whom the provision in question applies, and

(b) persons to whom that provision does not apply but who may be
granted leave to enter or remain in the United Kingdom by virtue of
residence scheme immigration rules (see section 17) and who do not
have such leave.

(3) 35If the Minister considers it appropriate, regulations under subsection (1)
relating to the implementation of a provision mentioned in subsection (1)(e), (f)
or (g) may be made so as to apply both to—

(a) persons to whom the provision in question applies, and

(b) persons to whom that provision does not apply but who make an
40application for leave to enter or remain in the United Kingdom by
virtue of residence scheme immigration rules.

(4) The power to make regulations under subsection (1) may (among other things)
be exercised by modifying any provision made by or under an enactment.

8 Frontier workers

(1) 45A Minister of the Crown may by regulations make such provision as the
Minister considers appropriate for the purpose of implementing any of the
following—

European Union (Withdrawal Agreement) BillPage 11

(a) Articles 24(3) and 25(3) of the withdrawal agreement (rights of
employed and self-employed frontier workers) other than as regards
rights enjoyed as workers (see section 14(1));

(b) Articles 23(3) and 24(3) of the EEA EFTA separation agreement (rights
5of employed and self-employed frontier workers) other than as regards
rights enjoyed as workers (see section 14(2));

(c) Article 20(2) of the Swiss citizens’ rights agreement (rights of frontier
workers to enter and exit).

(2) A Minister of the Crown may by regulations make such provision as the
10Minister considers appropriate for the purpose of implementing any of the
following—

(a) Article 26 of the withdrawal agreement (issue of documents);

(b) Article 25 of the EEA EFTA separation agreement (issue of documents);

(c) Article 21(1)(a) and (2) of the Swiss citizens’ rights agreement (issue of
15documents).

(3) The power to make regulations under subsection (1) or (2) may (among other
things) be exercised by modifying any provision made by or under the
Immigration Acts.

9 Restrictions of rights of entry and residence

(1) 20A Minister of the Crown may by regulations make such provision as the
Minister considers appropriate for the purpose of implementing any of the
following—

(a) Article 20(1), (3) and (4) of the withdrawal agreement (restrictions of
the rights of entry and residence);

(b) 25Article 19(1), (3) and (4) of the EEA EFTA separation agreement
(restrictions of the rights of entry and residence);

(c) Articles 17(1) and (3) and 20(3) of the Swiss citizens’ rights agreement
(restrictions of the rights of entry and residence).

(2) If the Minister considers it appropriate, regulations under subsection (1)
30relating to the implementation of a provision mentioned in subsection (1)(a),
(b) or (c) may be made so as to apply both to—

(a) persons to whom the provision in question applies, and

(b) persons to whom that provision does not apply but who—

(i) have entry clearance granted by virtue of relevant entry
35clearance immigration rules (see section 17),

(ii) have leave to enter or remain in the United Kingdom granted by
virtue of residence scheme immigration rules (see section 17), or

(iii) otherwise have leave to enter granted after arriving with entry
clearance granted by virtue of relevant entry clearance
40immigration rules.

(3) In subsection (2)(b), references to a person who has entry clearance or leave to
enter or remain include references to a person who would have had entry
clearance or leave to enter or remain but for—

(a) the making of a deportation order under section 5(1) of the Immigration
45Act 1971, or

(b) the making of any other decision made in connection with restricting
the right of the person to enter the United Kingdom.

European Union (Withdrawal Agreement) BillPage 12

(4) The power to make regulations under subsection (1) may (among other things)
be exercised by modifying any provision made—

(a) by or under the Immigration Acts, or

(b) under other primary legislation.

10 5Retention of existing grounds for deportation

(1) Section 3 of the Immigration Act 1971 (general provisions for regulation and
control) is amended in accordance with subsections (2) to (4).

(2) After subsection (5) insert—

(5A) The Secretary of State may not deem a relevant person’s deportation to
10be conducive to the public good under subsection (5) if the person’s
deportation—

(a) would be in breach of the obligations of the United Kingdom
under Article 20 of the EU withdrawal agreement, Article 19 of
the EEA EFTA separation agreement, or Article 17 or 20(3) of
15the Swiss citizens’ rights agreement, or

(b) would be in breach of those obligations if the provision in
question mentioned in paragraph (a) applied in relation to the
person.”

(3) After subsection (6) insert—

(6A) 20A court may not recommend under subsection (6) that a relevant
person be deported if the offence for which the person was convicted
consisted of or included conduct that took place before IP completion
day.”

(4) After subsection (9) insert—

(10) 25For the purposes of this section, a person is a “relevant person”—

(a) if the person is in the United Kingdom (whether or not they
have entered within the meaning of section 11(1)) having
arrived with entry clearance granted by virtue of relevant entry
clearance immigration rules,

(b) 30if the person has leave to enter or remain in the United Kingdom
granted by virtue of residence scheme immigration rules,

(c) if the person may be granted leave to enter or remain in the
United Kingdom as a person who has a right to enter the United
Kingdom by virtue of—

(i) 35Article 32(1)(b) of the EU withdrawal agreement,

(ii) Article 31(1)(b) of the EEA EFTA separation agreement,
or

(iii) Article 26a(1)(b) of the Swiss citizens’ rights agreement,

whether or not the person has been granted such leave, or

(d) 40if the person may enter the United Kingdom by virtue of
regulations made under section 8 of the European Union
(Withdrawal Agreement) Act 2019 (frontier workers), whether
or not the person has entered by virtue of those regulations.

(11) In this section—

  • 45EEA EFTA separation agreement” and “Swiss citizens’ rights
    agreement” have the same meanings as in the European Union

    European Union (Withdrawal Agreement) BillPage 13

    (Withdrawal Agreement) Act 2019 (see section 37(1) of that
    Act);

  • “relevant entry clearance immigration rules” and “residence
    scheme immigration rules” have the meanings given by section
    517 of the European Union (Withdrawal Agreement) Act 2019.”

(5) In section 33 of the UK Borders Act 2007 (exceptions to automatic deportation),
after subsection (6A), insert—

(6B) Exception 7 is where—

(a) the foreign criminal is a relevant person, and

(b) 10the offence for which the foreign criminal was convicted as
mentioned in section 32(1)(b) consisted of or included conduct
that took place before IP completion day.

(6C) For the purposes of subsection (6B), a foreign criminal is a “relevant
person”—

(a) 15if the foreign criminal is in the United Kingdom (whether or not
they have entered within the meaning of section 11(1) of the
Immigration Act 1971) having arrived with entry clearance
granted by virtue of relevant entry clearance immigration rules,

(b) if the foreign criminal has leave to enter or remain in the United
20Kingdom granted by virtue of residence scheme immigration
rules,

(c) if the foreign criminal may be granted leave to enter or remain
in the United Kingdom as a person who has a right to enter the
United Kingdom by virtue of—

(i) 25Article 32(1)(b) of the EU withdrawal agreement,

(ii) Article 31(1)(b) of the EEA EFTA separation agreement,
or

(iii) Article 26a(1)(b) of the Swiss citizens’ rights agreement,

whether or not the foreign criminal has been granted such
30leave, or

(d) if the foreign criminal may enter the United Kingdom by virtue
of regulations made under section 8 of the European Union
(Withdrawal Agreement) Act 2019 (frontier workers), whether
or not the foreign criminal has entered by virtue of those
35regulations.

(6D) In this section—

  • EEA EFTA separation agreement” and “Swiss citizens’ rights
    agreement” have the same meanings as in the European Union
    (Withdrawal Agreement) Act 2019 (see section 37(1) of that
    40Act);

  • “relevant entry clearance immigration rules” and “residence
    scheme immigration rules” have the meanings given by section
    17 of the European Union (Withdrawal Agreement) Act 2019.”

(6) In section 3(10) of the Immigration Act 1971 and section 33(6C) of the UK
45Borders Act 2007 (for which see subsections (4) and (5) above), references to
having leave to enter or remain in the United Kingdom granted by virtue of
residence scheme immigration rules include references to having such leave
granted by virtue of those rules before section 17 comes into force.

European Union (Withdrawal Agreement) BillPage 14

11 Appeals etc. against citizens’ rights immigration decisions

(1) A Minister of the Crown may by regulations make provision for, or in
connection with, appeals against citizens’ rights immigration decisions of a
kind described in the regulations.

(2) 5For the purposes of this section, each of the following is a “citizens’ rights
immigration decision”—

(a) a decision made in connection with entry clearance by virtue of
relevant entry clearance immigration rules (see section 17);

(b) a decision made in connection with leave to enter or remain in the
10United Kingdom by virtue of residence scheme immigration rules (see
section 17);

(c) a decision made in connection with entry clearance for the purposes of
acquiring leave to enter or remain in relation to a healthcare right of
entry;

(d) 15a decision made in connection with leave to enter or remain in the
United Kingdom in relation to a healthcare right of entry;

(e) a decision made in connection with a right to enter or remain in the
United Kingdom by virtue of regulations made under section 8
(frontier workers);

(f) 20a decision to make, or a refusal to revoke, a deportation order under
section 5(1) of the Immigration Act 1971 in relation to a relevant person;

(g) any other decision made in connection with restricting the right of a
relevant person to enter the United Kingdom.

(3) A Minister of the Crown may also by regulations make provision for, or in
25connection with, reviews (including judicial reviews) of decisions within
subsection (2)(g).

(4) The power to make regulations under subsection (1) or (3) may (among other
things) be exercised by modifying any provision made by or under an
enactment.

(5) 30For the purposes of subsection (2), a “healthcare right of entry” is a right to
enter the United Kingdom that a person has by virtue of—

(a) Article 32(1)(b) of the withdrawal agreement,

(b) Article 31(1)(b) of the EEA EFTA separation agreement, or

(c) Article 26a(1)(b) of the Swiss citizens’ rights agreement.

(6) 35For the purposes of subsection (2)(f) and (g), a person is a “relevant person” if—

(a) Article 20 of the withdrawal agreement, Article 19 of the EEA EFTA
separation agreement or (as the case may be) Articles 17 or 20(3) of the
Swiss citizens’ rights agreement (restrictions of the rights of entry and
residence) applies to the person, or

(b) 40the person is not within paragraph (a) but—

(i) has entry clearance granted by virtue of relevant entry clearance
immigration rules,

(ii) has leave to enter or remain in the United Kingdom granted by
virtue of residence scheme immigration rules, or

(iii) 45otherwise has leave to enter granted after arriving with entry
clearance granted by virtue of relevant entry clearance
immigration rules.

European Union (Withdrawal Agreement) BillPage 15

(7) In subsection (6)(b), references to a person who has entry clearance or leave to
enter or remain include references to a person who would have had entry
clearance or leave to enter or remain but for—

(a) the making of a deportation order under section 5(1) of the Immigration
5Act 1971, or

(b) the making of any other decision made in connection with restricting
the right of the person to enter the United Kingdom.

Professional qualifications

12 Recognition of professional qualifications

(1) 10An appropriate authority may by regulations make such provision as the
authority considers appropriate—

(a) to implement Chapter 3 of Title II of Part 2 of the withdrawal agreement
(professional qualifications),

(b) to supplement the effect of section 7A of the European Union
15(Withdrawal) Act 2018 in relation to that Chapter, or

(c) otherwise for the purposes of dealing with matters arising out of, or
related to, that Chapter (including matters arising by virtue of section
7A of that Act and that Chapter).

(2) An appropriate authority may by regulations make such provision as the
20authority considers appropriate—

(a) to implement Chapter 3 of Title II of Part 2 of the EEA EFTA separation
agreement (professional qualifications),

(b) to supplement the effect of section 7B of the European Union
(Withdrawal) Act 2018 in relation to that Chapter, or

(c) 25otherwise for the purposes of dealing with matters arising out of, or
related to, that Chapter (including matters arising by virtue of section
7B of that Act and that Chapter).

(3) An appropriate authority may by regulations make such provision as the
authority considers appropriate—

(a) 30to implement professional qualification provisions of the Swiss
citizens’ rights agreement,

(b) to supplement the effect of section 7B of the European Union
(Withdrawal) Act 2018 in relation to those provisions, or

(c) otherwise for the purposes of dealing with matters arising out of, or
35related to, those provisions (including matters arising by virtue of
section 7B of that Act and those provisions).

(4) For the purposes of subsection (3) the following are “professional qualification
provisions” of the Swiss citizens’ rights agreement—

(a) Part 4 of that agreement (mutual recognition of professional
40qualifications);

(b) Article 23(4) of that agreement as regards the recognition of
professional qualifications.

(5) If an appropriate authority considers it appropriate, regulations under
subsection (1) or (2) relating to the implementation of a provision of Chapter 3
45of Title II of Part 2 of the withdrawal agreement or of the EEA EFTA separation
agreement may be made so as to apply both to—

European Union (Withdrawal Agreement) BillPage 16

(a) persons to whom the provision in question applies, and

(b) persons to whom that provision does not apply but who may be
granted leave to enter or remain in the United Kingdom by virtue of
residence scheme immigration rules, whether or not they have been
5granted such leave (see section 17).

(6) The power to make regulations under subsection (1), (2) or (3) may (among
other things) be exercised by modifying any provision made by or under an
enactment.

(7) In subsection (6) “enactment” does not include primary legislation passed or
10made after IP completion day.

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

(a) a Minister of the Crown,

(b) a devolved authority, or

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

(9) 15Schedule 1 contains further provision about the power of devolved authorities
to make regulations under this section.

Co-ordination of social security systems

13 Co-ordination of social security systems

(1) An appropriate authority may by regulations make such provision as the
20authority considers appropriate—

(a) to implement Title III of Part 2 of the withdrawal agreement (co-
ordination of social security systems),

(b) to supplement the effect of section 7A of the European Union
(Withdrawal) Act 2018 in relation to that Title, or

(c) 25otherwise for the purposes of dealing with matters arising out of, or
related to, that Title (including matters arising by virtue of section 7A
of that Act and that Title).

(2) An appropriate authority may by regulations make such provision as the
authority considers appropriate—

(a) 30to implement Title III of Part 2 of the EEA EFTA separation agreement
(co-ordination of social security systems),

(b) to supplement the effect of section 7B of the European Union
(Withdrawal) Act 2018 in relation to that Title, or

(c) otherwise for the purposes of dealing with matters arising out of, or
35related to, that Title (including matters arising by virtue of section 7B of
that Act and that Title).

(3) An appropriate authority may by regulations make such provision as the
authority considers appropriate—

(a) to implement social security co-ordination provisions of the Swiss
40citizens’ rights agreement,

(b) to supplement the effect of section 7B of the European Union
(Withdrawal) Act 2018 in relation to those provisions, or

(c) otherwise for the purposes of dealing with matters arising out of, or
related to, those provisions (including matters arising by virtue of
45section 7B of that Act and those provisions).

European Union (Withdrawal Agreement) BillPage 17

(4) For the purposes of subsection (3) the following are “social security co-
ordination provisions” of the Swiss citizens’ rights agreement—

(a) Part 3 of that agreement (co-ordination of social security systems);

(b) Article 23(4) of that agreement as regards social security co-ordination.

(5) 5The power to make regulations under subsection (1), (2) or (3) may (among
other things) be exercised by modifying any provision made by or under an
enactment.

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

(a) a Minister of the Crown,

(b) 10a devolved authority, or

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

(7) Schedule 1 contains further provision about the power of devolved authorities
to make regulations under this section.

Equal treatment etc.

14 15Non-discrimination, equal treatment and rights of workers etc.

(1) An appropriate authority may by regulations make such provision as the
authority considers appropriate for the purpose of implementing any of the
following provisions of the withdrawal agreement—

(a) Article 12 (prohibition of discrimination on grounds of nationality);

(b) 20Article 23 (right to equal treatment);

(c) Articles 24(1) and 25(1) (rights of workers and the self-employed);

(d) Articles 24(3) and 25(3) (rights of employed or self-employed frontier
workers) as regards rights enjoyed as workers.

(2) An appropriate authority may by regulations make such provision as the
25authority considers appropriate for the purpose of implementing any of the
following provisions of the EEA EFTA separation agreement—

(a) Article 11 (prohibition of discrimination on grounds of nationality);

(b) Article 22 (right to equal treatment);

(c) Articles 23(1) and 24(1) (rights of workers and the self-employed);

(d) 30Articles 23(3) and 24(3) (rights of employed or self-employed frontier
workers) as regards rights enjoyed as workers.

(3) An appropriate authority may by regulations make such provision as the
authority considers appropriate for the purpose of implementing any of the
following provisions of the Swiss citizens’ rights agreement—

(a) 35Article 7 (prohibition of discrimination on grounds of nationality);

(b) Article 18 (right to take up employment etc.);

(c) Article 19 (rights of employed or self-employed persons etc.);

(d) Article 20(1) (rights of frontier workers);

(e) Article 23(1) (rights of persons providing services).

(4) 40If the appropriate authority considers it appropriate, regulations under
subsection (1), (2) or (3) relating to the implementation of a provision
mentioned in that subsection, may be made so as to apply both to—

(a) persons to whom the provision in question applies, and

European Union (Withdrawal Agreement) BillPage 18

(b) persons to whom that provision does not apply but who may be
granted leave to enter or remain in the United Kingdom by virtue of
residence scheme immigration rules, whether or not they have been
granted such leave (see section 17).

(5) 5The power to make regulations under subsection (1), (2) or (3) may (among
other things) be exercised by modifying any provision made by or under an
enactment.

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

(a) a Minister of the Crown,

(b) 10a devolved authority, or

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

(7) Schedule 1 contains further provision about the power of devolved authorities
to make regulations under this section.

Independent Monitoring Authority

15 15Independent Monitoring Authority for the Citizens’ Rights Agreements

(1) A body corporate called the Independent Monitoring Authority for the Citizens’ Rights
Agreements is established.

(2) In this Part that body is referred to as “the IMA”.

(3) Schedule 2 contains provision relating to the IMA (including provisions about
20the IMA’s constitution and functions).

General

16 Regulations: supplementary

(1) In sections 7, 8, 9 and 14—

(a) a power to make provision for the purpose of implementing a provision
25of the withdrawal agreement includes power to make provision to
supplement the effect of section 7A of the European Union
(Withdrawal) Act 2018 in relation to that provision of the agreement,

(b) a power to make provision for the purpose of implementing a provision
of the EEA EFTA separation agreement includes power to make
30provision to supplement the effect of section 7B of that Act in relation
to that provision of the agreement, and

(c) a power to make provision for the purpose of implementing a provision
of the Swiss citizens’ rights agreement includes power to make
provision to supplement the effect of section 7B of that Act in relation
35to that provision of the agreement.

(2) The conferral of a power on a Minister of the Crown under section 7, 8, 9 or 11
does not affect the extent of any power of a devolved authority under section
12, 13 or 14 which overlaps with a power under section 7, 8, 9 or 11 by virtue of
section 17(4).

(3) 40Regulations under this Part may not provide for the conferral of functions
(including the conferral of a discretion) on, or the delegation of functions to, a

European Union (Withdrawal Agreement) BillPage 19

person who is not a public authority (but may so provide if the person is a
public authority).

(4) In subsection (3), “public authority” means a person who exercises functions of
a public nature.

17 5Interpretation: Part 3

(1) In this Part, “residence scheme immigration rules” means—

(a) Appendix EU to the immigration rules except those rules, or changes to
that Appendix, which are identified in the immigration rules as not
having effect in connection with the residence scheme that operates in
10connection with the withdrawal of the United Kingdom from the EU,
and

(b) any other immigration rules which are identified in the immigration
rules as having effect in connection with the withdrawal of the United
Kingdom from the EU.

(2) 15In this Part, “relevant entry clearance immigration rules” means any
immigration rules which are identified in the immigration rules as having
effect in connection with the granting of entry clearance for the purposes of
acquiring leave to enter or remain in the United Kingdom by virtue of
residence scheme immigration rules.

(3) 20In this Part, references to having leave to enter or remain in the United
Kingdom granted by virtue of residence scheme immigration rules include
references to having such leave granted by virtue of those rules before this
section comes into force.

(4) In this Part, a reference to a Chapter, Title, Part or other provision of the
25withdrawal agreement, EEA EFTA separation agreement or Swiss citizens’
rights agreement includes a reference to—

(a) any other provision of the agreement in question so far as relating to
that Chapter, Title, Part or other provision, and

(b) any provision of EU law which is applied by, or referred to in, that
30Chapter, Title, Part or other provision (to the extent of the application
or reference).

(5) In this Part—

  • “entry clearance” has the meaning given by section 33(1) of the
    Immigration Act 1971 (interpretation);

  • 35“immigration rules” has the same meaning as in the Immigration Act
    1971.

Part 4 Other subject areas

Other separation issues

18 40Main power in connection with other separation issues

After section 8A of the European Union (Withdrawal) Act 2018
(supplementary power in connection with implementation period) (for which