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PART 1
INTERPRETATION ETC
Citation and commencement
1
These Regulations may be cited as the Immigration (European Economic Area) Regulations 2006 and shall come into force on 30 th April 2006.
General interpretation
2
1
In these Regulations —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002;
“civil partner” does not include a party to a civil partnership of convenience;
“decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);
“document certifying permanent residence” means a document issued to an EEA national, in accordance with regulation 18, as proof of the holder’s permanent right of residence under regulation 15 as at the date of issue;
“EEA decision” means a decision under these Regulations that concerns a person's —
entitlement to be admitted to the United Kingdom;
entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, document certifying permanent residence or permanent residence card; or
removal from the United Kingdom;
“EEA family permit” means a document issued to a person, in accordance with regulation 12, in connection with his admission to the United Kingdom;
“EEA national” means a national of an EEA State ;
“EEA State” means —
a member State, other than the United Kingdom;
Norway, Iceland or Liechtenstein; or
Switzerland;
“entry clearance” has the meaning given in section 33(1) of the 1971 Act ;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;
“immigration rules” has the meaning given in section 33(1) of the 1971 Act;
“military service” means service in the armed forces of an EEA State;
“permanent residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 18, as proof of the holder’s permanent right of residence under regulation 15 as at the date of issue;
“registration certificate” means a certificate issued to an EEA national, in accordance with regulation 16, as proof of the holder’s right of residence in the United Kingdom as at the date of issue;
“relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);
“residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder’s right of residence in the United Kingdom as at the date of issue;
“spouse” does not include a party to a marriage of convenience;
“United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties.
2
Paragraph (1) is subject to paragraph 1(a) of Schedule 4 (transitional provisions).
Continuity of residence
3
1
This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.
2
Continuity of residence is not affected by —
a
periods of absence from the United Kingdom which do not exceed six months in total in any year;
b
periods of absence from the United Kingdom on military service; or
c
any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.
3
But continuity of residence is broken if a person is removed from the United Kingdom under regulation 19(3).
“Worker”, “self-employed person”, “self-sufficient person” and “student”
4
1
In these Regulations —
a
“worker” means a worker within the meaning of Article 39 of the Treaty establishing the European Community ;
b
“self-employed person” means a person who establishes himself in order to pursue activity as a self-employed person in accordance with Article 43 of the Treaty establishing the European Community;
c
“self-sufficient person” means a person who has —
i
sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and
ii
comprehensive sickness insurance cover in the United Kingdom;
d
“student” means a person who —
i
is enrolled at a private or public establishment, included on the Department for Education and Skills' Register of Education and Training Providers or financed from public funds, for the principal purpose of following a course of study, including vocational training;
ii
has comprehensive sickness insurance cover in the United Kingdom; and
iii
assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.
2
For the purposes of paragraph (1)(c), where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person —
a
the requirement for that person to have sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden;
b
the requirement for that person to have comprehensive sickness insurance cover in the United Kingdom shall only be satisfied if he and his family members have such cover.
3
For the purposes of paragraph (1)(d), where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person, the requirement for that person to assure the Secretary of State that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if he assures the Secretary of State that his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden.
4
For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system.
“Worker or self-employed person who has ceased activity”
5
1
In these Regulations, “worker or self-employed person who has ceased activity” means an EEA national who satisfies the conditions in paragraph (2), (3), (4) or (5).
2
A person satisfies the conditions in this paragraph if he —
a
terminates his activity as a worker or self-employed person and —
i
has reached the age at which he is entitled to a state pension on the date on which he terminates his activity; or
ii
in the case of a worker, ceases working to take early retirement;
b
pursued his activity as a worker or self-employed person in the United Kingdom for at least twelve months prior to the termination; and
c
resided in the United Kingdom continuously for more than three years prior to the termination.
3
A person satisfies the conditions in this paragraph if —
a
he terminates his activity in the United Kingdom as a worker or self-employed person as a result of a permanent incapacity to work; and
b
either —
i
he resided in the United Kingdom continuously for more than two years prior to the termination; or
ii
the incapacity is the result of an accident at work or an occupational disease that entitles him to a pension payable in full or in part by an institution in the United Kingdom.
4
A person satisfies the conditions in this paragraph if —
a
he is active as a worker or self-employed person in an EEA State but retains his place of residence in the United Kingdom, to which he returns as a rule at least once a week; and
b
prior to becoming so active in that EEA State, he had been continuously resident and continuously active as a worker or self-employed person in the United Kingdom for at least three years.
5
A person who satisfies the condition in paragraph (4)(a) but not the condition in paragraph (4)(b) shall, for the purposes of paragraphs (2) and (3), be treated as being active and resident in the United Kingdom during any period in which he is working or self-employed in the EEA State.
6
The conditions in paragraphs (2) and (3) as to length of residence and activity as a worker or self-employed person shall not apply in relation to a person whose spouse or civil partner is a United Kingdom national.
7
For the purposes of this regulation —
a
periods of inactivity for reasons not of the person’s own making;
b
periods of inactivity due to illness or accident; and
c
in the case of a worker, periods of involuntary unemployment duly recorded by the relevant employment office,
shall be treated as periods of activity as a worker or self-employed person, as the case may be.
“Qualified person”
6
1
In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as —
a
a jobseeker;
b
a worker;
c
a self-employed person;
d
a self-sufficient person; or
e
a student.
2
A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if —
a
he is temporarily unable to work as the result of an illness or accident;
b
he is in duly recorded involuntary unemployment after having been employed in the United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and —
i
he was employed for one year or more before becoming unemployed;
ii
he has been unemployed for no more than six months; or
iii
he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;
c
he is involuntarily unemployed and has embarked on vocational training; or
d
he has voluntarily ceased working and embarked on vocational training that is related to his previous employment.
3
A person who is no longer in self-employment shall not cease to be treated as a self-employed person for the purpose of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident.
4
For the purpose of paragraph (1)(a), “jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.
Family member
7
1
Subject to paragraph (2), for the purposes of these Regulations the following persons shall be treated as the family members of another person —
a
his spouse or his civil partner;
b
direct descendants of his, his spouse or his civil partner who are —
i
under 21; or
ii
dependants of his, his spouse or his civil partner;
c
dependent direct relatives in his ascending line or that of his spouse or his civil partner;
d
a person who is to be treated as the family member of that other person under paragraph (3).
2
A person shall not be treated under paragraph (1)(b) or (c) as the family member of a student residing in the United Kingdom after the period of three months beginning on the date on which the student is admitted to the United Kingdom unless —
a
in the case of paragraph (b), the person is the dependent child of the student or of his spouse or civil partner; or
b
the student also falls within one of the other categories of qualified persons mentioned in regulation 6(1).
3
Subject to paragraph (4), a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.
4
Where the relevant EEA national is a student, the extended family member shall only be treated as the family member of that national under paragraph (3) if either the EEA family permit was issued under regulation 12(2), the registration certificate was issued under regulation 16(5) or the residence card was issued under regulation 17(4).
“Extended family member”
8
1
In these Regulations “extended family member” means a person who is not a family member of an EEA national under regulation 7(1)(a), (b) or (c) and who satisfies the conditions in paragraph (2), (3), (4) or (5).
2
A person satisfies the condition in this paragraph if the person is a relative of an EEA national, his spouse or his civil partner and —
a
the person is residing in an EEA State in which the EEA national also resides and is dependent upon the EEA national or is a member of his household;
b
the person satisfied the condition in paragraph (a) and is accompanying the EEA national to the United Kingdom or wishes to join him there; or
c
the person satisfied the condition in paragraph (a), has joined the EEA national in the United Kingdom and continues to be dependent upon him or to be a member of his household.
3
A person satisfies the condition in this paragraph if the person is a relative of an EEA national or his spouse or his civil partner and, on serious health grounds, strictly requires the personal care of the EEA national his spouse or his civil partner.
4
A person satisfies the condition in this paragraph if the person is a relative of an EEA national and would meet the requirements in the immigration rules (other than those relating to entry clearance) for indefinite leave to enter or remain in the United Kingdom as a dependent relative of the EEA national were the EEA national a person present and settled in the United Kingdom.
5
A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national.
6
In these Regulations “relevant EEA national” means, in relation to an extended family member, the EEA national who is or whose spouse or civil partner is the relative of the extended family member for the purpose of paragraph (2), (3) or (4) or the EEA national who is the partner of the extended family member for the purpose of paragraph (5).
Family members of United Kingdom nationals
9
1
If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.
2
The conditions are that —
a
the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
b
if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
3
Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.
“Family member who has retained the right of residence”
10
1
In these Regulations, “family member who has retained the right of residence” means, subject to paragraph (8), a person who satisfies the conditions in paragraph (2), (3), (4) or (5).
2
A person satisfies the conditions in this paragraph if —
a
he was a family member of a qualified person when the qualified person died;
b
he resided in the United Kingdom in accordance with these Regulations for at least the year immediately before the death of the qualified person; and
c
he satisfies the condition in paragraph (6).
3
A person satisfies the conditions in this paragraph if —
a
he is the direct descendant of —
i
a qualified person who has died;
ii
a person who ceased to be a qualified person on ceasing to reside in the United Kingdom; or
iii
the person who was the spouse or civil partner of the qualified person mentioned in sub-paragraph (i) when he died or is the spouse or civil partner of the person mentioned in sub-paragraph (ii); and
b
he was attending an educational course in the United Kingdom immediately before the qualified person died or ceased to be a qualified person and continues to attend such a course.
4
A person satisfies the conditions in this paragraph if the person is the parent with actual custody of a child who satisfies the condition in paragraph (3).
5
A person satisfies the conditions in this paragraph if —
a
he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;
b
he was residing in the United Kingdom in accordance with these Regulations at the date of the termination;
c
he satisfies the condition in paragraph (6); and
d
either —
i
prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;
ii
the former spouse or civil partner of the qualified person has custody of a child of the qualified person;
iii
the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom; or
iv
the continued right of residence in the United Kingdom of the person is warranted by particularly difficult circumstances, such as he or another family member having been a victim of domestic violence while the marriage or civil partnership was subsisting.
6
The condition in this paragraph is that the person —
a
is not an EEA national but would, if he were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or
b
is the family member of a person who falls within paragraph (a).
7
In this regulation, “educational course” means a course within the scope of Article 12 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers .
8
A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case may be, and a family member who has retained the right of residence shall cease to have that status on acquiring a permanent right of residence under regulation 15.
PART 2
EEA RIGHTS
Right of admission to the United Kingdom
11
1
An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State.
2
A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival —
a
a valid passport; and
b
an EEA family permit, a residence card or a permanent residence card.
3
An immigration officer may not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card or permanent residence card.
4
Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is —
a
an EEA national;
b
a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or
c
a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.
5
But this regulation is subject to regulations 19(1) and (2).
Issue of EEA family permit
12
1
An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and —
a
the EEA national —
i
is residing in the UK in accordance with these Regulations; or
ii
will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and
b
the family member will be accompanying the EEA national to the United Kingdom or joining him there and —
i
is lawfully resident in an EEA State; or
ii
would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.
2
An entry clearance officer may issue an EEA family permit to an extended family member of an EEA national who applies for one if —
a
the relevant EEA national satisfies the condition in paragraph (1)(a);
b
the extended family member wishes to accompany the relevant EEA national to the United Kingdom or to join him there; and
c
in all the circumstances, it appears to the entry clearance officer appropriate to issue the EEA family permit.
3
Where an entry clearance officer receives an application under paragraph (2) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.
4
An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.
5
But an EEA family permit shall not be issued under this regulation if the applicant or the EEA national concerned falls to be excluded from the United Kingdom on grounds of public policy, public security or public health in accordance with regulation 21.
Initial right of residence
13
1
An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
2
A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.
3
But —
a
this regulation is subject to regulation 19(3)(b); and
b
an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.
Extended right of residence
14
1
A qualified person is entitled to reside in the United Kingdom for so long as he remains a qualified person.
2
A family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a permanent right of residence under regulation 15 is entitled to reside in the United Kingdom for so long as he remains the family member of the qualified person or EEA national.
3
A family member who has retained the right of residence is entitled to reside in the United Kingdom for so long as he remains a family member who has retained the right of residence.
4
A right to reside under this regulation is in addition to any right a person may have to reside in the United Kingdom under regulation 13 or 15.
5
But this regulation is subject to regulation 19(3)(b).
Permanent right of residence
15
1
The following persons shall acquire the right to reside in the United Kingdom permanently —
a
an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
b
a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;
c
a worker or self-employed person who has ceased activity;
d
the family member of a worker or self-employed person who has ceased activity;
e
a person who was the family member of a worker or self-employed person where —
i
the worker or self-employed person has died;
ii
the family member resided with him immediately before his death; and
iii
the worker or self-employed person had resided continuously in the United Kingdom for at least the two years immediately before his death or the death was the result of an accident at work or an occupational disease;
f
a person who —
i
has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and
ii
was, at the end of that period, a family member who has retained the right of residence.
2
Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.
3
But this regulation is subject to regulation 19(3)(b).
PART 3
RESIDENCE DOCUMENTATION
Issue of registration certificate
16
1
The Secretary of State must issue a registration certificate to a qualified person immediately on application and production of —
a
a valid identity card or passport issued by an EEA State;
b
proof that he is a qualified person.
2
In the case of a worker, confirmation of the worker’s engagement from his employer or a certificate of employment is sufficient proof for the purposes of paragraph (1)(b).
3
The Secretary of State must issue a registration certificate to an EEA national who is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 immediately on application and production of —
a
a valid identity card or passport issued by an EEA State; and
b
proof that the applicant is such a family member.
4
The Secretary of State must issue a registration certificate to an EEA national who is a family member who has retained the right of residence on application and production of —
a
a valid identity card or passport; and
b
proof that the applicant is a family member who has retained the right of residence.
5
The Secretary of State may issue a registration certificate to an extended family member not falling within regulation 7(3) who is an EEA national on application if —
a
the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and
b
in all the circumstances it appears to the Secretary of State appropriate to issue the registration certificate.
6
Where the Secretary of State receives an application under paragraph (5) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.
7
A registration certificate issued under this regulation shall state the name and address of the person registering and the date of registration and shall be issued free of charge.
8
But this regulation is subject to regulation 20(1).
Issue of residence card
17
1
The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 on application and production of —
a
a valid passport; and
b
proof that the applicant is such a family member.
2
The Secretary of State must issue a residence card to a person who is not an EEA national but who is a family member who has retained the right of residence on application and production of —
a
a valid passport; and
b
proof that the applicant is a family member who has retained the right of residence.
3
On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.
4
The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if —
a
the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and
b
in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.
5
Where the Secretary of State receives an application under paragraph (4) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.
6
A residence card issued under this regulation may take the form of a stamp in the applicant’s passport and shall be entitled “Residence card of a family member of an EEA national” and be valid for —
a
five years from the date of issue; or
b
in the case of a residence card issued to the family member or extended family member of a qualified person, the envisaged period of residence in the United Kingdom of the qualified person,
whichever is the shorter.
7
A residence card issued under this regulation shall be issued free of charge.
8
But this regulation is subject to regulation 20(1).
Issue of a document certifying permanent residence and a permanent residence card
18
1
The Secretary of State must issue an EEA national with a permanent right of residence under regulation 15 with a document certifying permanent residence as soon as possible after an application for such a document and proof that the EEA national has such a right is submitted to the Secretary of State.
2
The Secretary of State must issue a person who is not an EEA national who has a permanent right of residence under regulation 15 with a permanent residence card no later than six months after the date on which an application for a permanent residence card and proof that the person has such a right is submitted to the Secretary of State.
3
Subject to paragraph (5) and regulation 20(3), a permanent residence card shall be valid for ten years from the date of issue and must be renewed on application.
4
A document certifying permanent residence and a permanent residence card shall be issued free of charge.
5
A document certifying permanent residence and a permanent residence card shall cease to be valid if the holder ceases to have a right of permanent residence under regulation 15.
PART 4
REFUSAL OF ADMISSION AND REMOVAL ETC
Exclusion and removal from the United Kingdom
19
1
A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if his exclusion is justified on grounds of public policy, public security or public health in accordance with regulation 21.
2
A person is not entitled to be admitted to the United Kingdom as the family member of an EEA national under regulation 11(2) unless, at the time of his arrival —
a
he is accompanying the EEA national or joining him in the United Kingdom; and
b
the EEA national has a right to reside in the United Kingdom under these Regulations.
3
Subject to paragraphs (4) and (5), a person who has been admitted to, or acquired a right to reside in, the United Kingdom under these Regulations may be removed from the United Kingdom if —
a
he does not have or ceases to have a right to reside under these Regulations; or
b
he would otherwise be entitled to reside in the United Kingdom under these Regulations but the Secretary of State has decided that his removal is justified on the grounds of public policy, public security or public health in accordance with regulation 21.
4
A person must not be removed under paragraph (3) as the automatic consequence of having recourse to the social assistance system of the United Kingdom.
5
A person must not be removed under paragraph (3) if he has a right to remain in the United Kingdom by virtue of leave granted under the 1971 Act unless his removal is justified on the grounds of public policy, public security or public health in accordance with regulation 21.
Refusal to issue or renew and revocation of residence documentation
20
1
The Secretary of State may refuse to issue, revoke or refuse to renew a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card if the refusal or revocation is justified on grounds of public policy, public security or public health.
2
The Secretary of State may revoke a registration certificate or a residence card or refuse to renew a residence card if the holder of the certificate or card has ceased to have a right to reside under these Regulations.
3
The Secretary of State may revoke a document certifying permanent residence or a permanent residence card or refuse to renew a permanent residence card if the holder of the certificate or card has ceased to have a right of permanent residence under regulation 15.
4
An immigration officer may, at the time of a person’s arrival in the United Kingdom —
a
revoke that person’s residence card if he is not at that time the family member of a qualified person or of an EEA national who has a right of permanent residence under regulation 15, a family member who has retained the right of residence or a person with a right of permanent residence under regulation 15;
b
revoke that person’s permanent residence card if he is not at that time a person with a right of permanent residence under regulation 15.
5
An immigration officer may, at the time of a person’s arrival in the United Kingdom, revoke that person’s EEA family permit if —
a
the revocation is justified on grounds of public policy, public security or public health; or
b
the person is not at that time the family member of an EEA national with the right to reside in the United Kingdom under these Regulations or is not accompanying that national or joining him in the United Kingdom.
6
Any action taken under this regulation on grounds of public policy, public security or public health shall be in accordance with regulation 21.
Decisions taken on public policy, public security and public health grounds
21
1
In this regulation a “relevant decision” means an EEA decision taken on the grounds of public policy, public security or public health.
2
A relevant decision may not be taken to serve economic ends.
3
A relevant decision may not be taken in respect of a person with a permanent right of residence under regulation 15 except on serious grounds of public policy or public security.
4
A relevant decision may not be taken except on imperative grounds of public security in respect of an EEA national who —
a
has resided in the United Kingdom for a continuous period of at least ten years prior to the relevant decision; or
b
is under the age of 18, unless the relevant decision is necessary in his best interests, as provided for in the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 .
5
Where a relevant decision is taken on grounds of public policy or public security it shall, in addition to complying with the preceding paragraphs of this regulation, be taken in accordance with the following principles —
a
the decision must comply with the principle of proportionality;
b
the decision must be based exclusively on the personal conduct of the person concerned;
c
the personal conduct of the person concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society;
d
matters isolated from the particulars of the case or which relate to considerations of general prevention do not justify the decision;
e
a person’s previous criminal convictions do not in themselves justify the decision.
6
Before taking a relevant decision on the grounds of public policy or public security in relation to a person who is resident in the United Kingdom the decision maker must take account of considerations such as the age, state of health, family and economic situation of the person, the person’s length of residence in the United Kingdom, the person’s social and cultural integration into the United Kingdom and the extent of the person’s links with his country of origin.
7
In the case of a relevant decision taken on grounds of public health —
a
a disease that does not have epidemic potential as defined by the relevant instruments of the World Health Organisation or is not a disease to which section 38 of the Public Health (Control of Disease) Act 1984 applies (detention in hospital of a person with a notifiable disease) shall not constitute grounds for the decision; and
b
if the person concerned is in the United Kingdom, diseases occurring after the three month period beginning on the date on which he arrived in the United Kingdom shall not constitute grounds for the decision.
PART 5
PROCEDURE IN RELATION TO EEA DECISIONS
Person claiming right of admission
22
1
This regulation applies to a person who claims a right of admission to the United Kingdom under regulation 11 as —
a
a person, not being an EEA national, who is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15; or
b
an EEA national, where there is reason to believe that he may fall to be excluded from the United Kingdom on grounds of public policy, public security or public health.
2
A person to whom this regulation applies is to be treated as if he were a person seeking leave to enter the United Kingdom under the 1971 Act for the purposes of paragraphs 2, 3, 4, 7, 16 to 18 and 21 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control on entry etc ), except that —
a
the reference in paragraph 2(1) to the purpose for which the immigration officer may examine any persons who have arrived in the United Kingdom is to be read as a reference to the purpose of determining whether he is a person who is to be granted admission under these Regulations;
b
the references in paragraphs 4(2A), 7 and 16(1) to a person who is, or may be, given leave to enter are to be read as references to a person who is, or may be, granted admission under these Regulations; and
c
a medical examination is not be carried out under paragraph 2 or paragraph 7 as a matter of routine and may only be carried out within three months of a person’s arrival in the United Kingdom.
3
For so long as a person to whom this regulation applies is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to the 1971 Act, he is deemed not to have been admitted to the United Kingdom.
Person refused admission
23
1
This regulation applies to a person who is in the United Kingdom and has been refused admission to the United Kingdom —
a
because he does not meet the requirement of regulation 11 (including where he does not meet those requirements because his EEA family permit, residence card or permanent residence card has been revoked by an immigration officer in accordance with regulation 20); or
b
in accordance with regulation 19(1) or (2).
2
A person to whom this regulation applies, is to be treated as if he were a person refused leave to enter under the 1971 Act for the purpose of paragraphs 8, 10, 10A, 11, 16 to 19 and 21 to 24 of Schedule 2 to the 1971 Act, except that the reference in paragraph 19 to a certificate of entitlement, entry clearance or work permit is to be read as a reference to an EEA family permit, residence card or a permanent residence card.
Person subject to removal
24
1
This regulation applies to a person whom it has been decided to remove from the United Kingdom in accordance with regulation 19(3).
2
Where the decision is under regulation 19(3)(a), the person is to be treated as if he were a person to whom section 10(1)(a) of the 1999 Act applied, and section 10 of that Act (removal of certain persons unlawfully in the United Kingdom) is to apply accordingly.
3
Where the decision is under regulation 19(3)(b), the person is to be treated as if he were a person to whom section 3(5)(a) of the 1971 Act (liability to deportation) applied, and section 5 of that Act (procedure for deportation) and Schedule 3 to that Act (supplementary provision as to deportation) are to apply accordingly.
4
A person who enters or seeks to enter the United Kingdom in breach of a deportation order made against him pursuant to paragraph (3) shall be removable as an illegal entrant under Schedule 2 to the 1971 Act and the provisions of that Schedule shall apply accordingly.
5
Where such a deportation order is made against a person but he is not removed under the order during the two year period beginning on the date on which the order is made, the Secretary of State shall only take action to remove the person under the order after the end of that period if, having assessed whether there has been any material change in circumstances since the deportation order was made, he considers that the removal continues to be justified on the grounds of public policy, public security or public health.
6
A person to whom this regulation applies shall be allowed one month to leave the United Kingdom, beginning on the date on which he is notified of the decision to remove him, before being removed pursuant to that decision except —
a
in duly substantiated cases of urgency;
b
where the person is detained pursuant to the sentence or order of any court;
c
where a person is a person to whom regulation 24(4) applies.
PART 6
APPEALS UNDER THESE REGULATIONS
Interpretation of Part 6
25
1
In this Part —
“Asylum and Immigration Tribunal” has the same meaning as in the 2002 Act;
“Commission” has the same meaning as in the Special Immigration Appeals Commission Act 1997 ;
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 ; and
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 th July 1951 and the Protocol relating to the Status of Refugees done at New York on 31st January 1967 .
2
For the purposes of this Part, and subject to paragraphs (3) and (4), an appeal is to be treated as pending during the period when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
3
An appeal is not to be treated as finally determined while a further appeal may be brought; and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
4
A pending appeal is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
Appeal rights
26
1
Subject to the following paragraphs of this regulation, a person may appeal under these Regulations against an EEA decision.
2
If a person claims to be an EEA national, he may not appeal under these Regulations unless he produces a valid national identity card or passport issued by an EEA State.
3
If a person claims to be the family member or relative of an EEA national he may not appeal under these Regulations unless he produces —
a
an EEA family permit; or
b
other proof that he is related as claimed to an EEA national.
4
A person may not bring an appeal under these Regulations on a ground certified under paragraph (5) or rely on such a ground in an appeal brought under these Regulations.
5
The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (4) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act .
6
Except where an appeal lies to the Commission, an appeal under these Regulations lies to the Asylum and Immigration Tribunal.
7
The provisions of or made under the 2002 Act referred to in Schedule 1 shall have effect for the purposes of an appeal under these Regulations to the Asylum and Immigration Tribunal in accordance with that Schedule.
Out of country appeals
27
1
Subject to paragraphs (2) and (3), a person may not appeal under regulation 26 whilst he is in the United Kingdom against an EEA decision —
a
to refuse to admit him to the United Kingdom;
b
to refuse to revoke a deportation order made against him;
c
to refuse to issue him with an EEA family permit; or
d
to remove him from the United Kingdom after he has entered or sought to enter the United Kingdom in breach of a deportation order.
2
Paragraph (1)(a) does not apply where —
a
the person held an EEA family permit, a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card on his arrival in the United Kingdom or can otherwise prove that he is resident in the United Kingdom;
b
the person is deemed not to have been admitted to the United Kingdom under regulation 22(3) but at the date on which notice of the decision to refuse to admit him is given he has been in the United Kingdom for at least 3 months;
c
the person is in the United Kingdom and a ground of the appeal is that, in taking the decision, the decision maker acted in breach of his rights under the Human Rights Convention or the Refugee Convention, unless the Secretary of State certifies that that ground of appeal is clearly unfounded.
3
Paragraph (1)(d) does not apply where a ground of the appeal is that, in taking the decision, the decision maker acted in breach of the appellant’s rights under the Human Rights Convention or the Refugee Convention, unless the Secretary of State certifies that that ground of appeal is clearly unfounded.
Appeals to the Commission
28
1
An appeal against an EEA decision lies to the Commission where paragraph (2) or (4) applies.
2
This paragraph applies if the Secretary of State certifies that the EEA decision was taken —
a
by the Secretary of State wholly or partly on a ground listed in paragraph (3); or
b
in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in paragraph (3).
3
The grounds mentioned in paragraph (2) are that the person’s exclusion or removal from the United Kingdom is —
a
in the interests of national security; or
b
in the interests of the relationship between the United Kingdom and another country.
4
This paragraph applies if the Secretary of State certifies that the EEA decision was taken wholly or partly in reliance on information which in his opinion should not be made public —
a
in the interests of national security;
b
in the interests of the relationship between the United Kingdom and another country; or
c
otherwise in the public interest.
5
In paragraphs (2) and (4) a reference to the Secretary of State is to the Secretary of State acting in person.
6
Where a certificate is issued under paragraph (2) or (4) in respect of a pending appeal to the Asylum and Immigration Tribunal the appeal shall lapse.
7
An appeal against an EEA decision lies to the Commission where an appeal lapses by virtue of paragraph (6).
8
The Special Immigration Appeals Commission Act 1997 shall apply to an appeal to the Commission under these Regulations as it applies to an appeal under section 2 of that Act to which subsection (2) of that section applies (appeals against an immigration decision) but paragraph (i) of that subsection shall not apply in relation to such an appeal.
Effect of appeals to the Asylum and Immigration Tribunal
29
1
This Regulation applies to appeals under these Regulations made to the Asylum and Immigration Tribunal.
2
If a person in the United Kingdom appeals against an EEA decision to refuse to admit him to the United Kingdom, any directions for his removal from the United Kingdom previously given by virtue of the refusal cease to have effect, except in so far as they have already been carried out, and no directions may be so given while the appeal is pending.
3
If a person in the United Kingdom appeals against an EEA decision to remove him from the United Kingdom, any directions given under section 10 of the 1999 Act or Schedule 3 to the 1971 Act for his removal from the United Kingdom are to have no effect, except in so far as they have already been carried out, while the appeal is pending.
4
But the provisions of Part I of Schedule 2, or as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing against a refusal to admit him or a decision to remove him as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
5
In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for —
a
the giving of directions under that paragraph for the removal of a person from the United Kingdom; and
b
the giving of a notice of intention to give such directions,
any period during which there is pending an appeal by him under is to be disregarded.
6
If a person in the United Kingdom appeals against an EEA decision to remove him from the United Kingdom, a deportation order is not to be made against him under section 5 of the 1971 Act while the appeal is pending.
7
Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) applies to a person who has an appeal pending under these Regulations as it applies to a person who has an appeal pending under section 82(1) of the 2002 Act.
PART 7
GENERAL
Effect on other legislation
30
Schedule 2 (effect on other legislation) shall have effect.
Revocations, transitional provisions and consequential amendments
31
1
The Regulations listed in column 1 of the table in Part 1 of Schedule 3 are revoked to the extent set out in column 3 of that table, subject to Part 2 of that Schedule and to Schedule 4.
2
Schedule 4 (transitional provisions) and Schedule 5 (consequential amendments) shall have effect.
Tony McNulty
Minister of State
Home Office
30th March 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2006 and shall come into force on 1st January 2007.
Amendment of the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
3
In regulation 2(1)(a) (interpretation) insert at the appropriate place —
“building society bonus”, except in regulation 22(1)(a)(i), excludes any bonus, distribution of funds or the conferring of rights in relation to shares —
in connection with an amalgamation, transfer of engagements or transfer of business of a building society, and
mentioned in section 96 or 100 of the Building Societies Act 1986 ,
and “payment under a building society bonus scheme” shall be construed accordingly;.
.
4
In regulation 22(1)(a) (exemption from tax) —
a
in paragraph (i) at the end add “(excluding any building society bonus)”;
b
after paragraph (ia) insert —
or
ib
in respect of a payment under a building society bonus scheme, so far as the payment is calculated by reference to account investments (and if paid directly by the society into the account, the payment shall not count towards the subscription limits in regulation 4(2) to (3)); or”.
5
After regulation 22(1)(b) insert —
ba
any gain or loss accruing on and attributable to a payment within paragraph (ib) of sub-paragraph (a) shall not be a chargeable gain or allowable loss for capital gains tax purposes;
.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2006


text:
1
1
This Order may be cited as the Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2006 and comes into force on 1st May 2006.
2
It takes effect in relation to a taxable person from the beginning of his first prescribed accounting period beginning after 30th April 2006.
2
For Table A in section 57 of the Value Added Tax Act 1994 substitute–
Table A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres)
12 month
period £
3 month
period £
1 month
period £
Diesel engine 2000 or less 1040 260 86 More than 2000 1325 331 110 Any other type of engine 1400 or less 1095 273 91 More than 1400 but not more than 2000 1385 346 115 More than 2000 2035 508 169
Tom Watson
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2006


text:
PART 1 General
Citation, commencement, interpretation and consequential amendments
1
1
These Regulations may be cited as the Accession (Immigration and Worker Authorisation) Regulations 2006 and shall come into force on 1st January 2007.
2
In these Regulations —
a
“the 1971 Act ” means the Immigration Act 1971 ;
b
“the 2006 Regulations ” means the Immigration (European Economic Area) Regulations 2006 ;
c
“accession period” means the period beginning on 1st January 2007 and ending on 31st December 2011;
d
“accession State national subject to worker authorisation” has the meaning given in regulation 2;
e
“accession worker authorisation document” shall be interpreted in accordance with regulation 9(2);
f
“authorised category of employment” means a category of employment listed in the first column of the table in Schedule 1;
g
“authorised family member” has the meaning given in regulation 3;
h
“civil partner” does not include a party to a civil partnership of convenience ;
i
“ EEA State ” means —
i
a member State, other than the United Kingdom;
ii
Norway, Iceland or Liechtenstein;
iii
Switzerland;
j
“employer” means, in relation to a worker, the person who directly pays the wage or salary of that worker;
k
“family member” shall be interpreted in accordance with regulation 7 of the 2006 Regulations;
l
“highly skilled person” has the meaning given in regulation 4;
m
“immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act applying on 1st January 2007 ;
n
“letter of approval under the work permit arrangements” has the meaning given in paragraph 1(b) of Schedule 1;
o
“registration certificate” means a certificate issued in accordance with regulation 16 of the 2006 Regulations;
p
“relevant requirements” means, in relation to an authorised category of employment, the requirements set out in the second column of the table in Schedule 1 for that category;
q
“Sectors Based Scheme” has the meaning given in paragraph 1(f) of Schedule 1;
r
“spouse” does not include a party to a marriage of convenience;
s
“student” has the meaning given in regulation 4(1)(d) of the 2006 Regulations;
t
“worker” means a worker within the meaning of Article 39 of the Treaty establishing the European Community , and “work” and “working” shall be construed accordingly.
3
Schedule 2 (consequential amendments) shall have effect.
“Accession State national subject to worker authorisation”
2
1
Subject to the following paragraphs of this regulation, in these Regulations “accession State national subject to worker authorisation” means a national of Bulgaria or Romania.
2
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation if he has leave to enter or remain in the United Kingdom under the 1971 Act and that leave is not subject to any condition restricting his employment.
3
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation if he was legally working in the United Kingdom on 31st December 2006 and had been legally working in the United Kingdom without interruption throughout the period of 12 months ending on that date.
4
A national of Bulgaria or Romania who legally works in the United Kingdom without interruption for a period of 12 months falling partly or wholly after 31st December 2006 shall cease to be an accession State national subject to worker authorisation at the end of that period of 12 months.
5
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is also a national of —
a
the United Kingdom; or
b
an EEA State, other than Bulgaria or Romania.
6
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is the spouse or civil partner of a national of the United Kingdom or of a person settled in the United Kingdom.
7
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he has a permanent right of residence under regulation 15 of the 2006 Regulations.
8
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a family member of an EEA national who has a right to reside in the United Kingdom under the 2006 Regulations, unless that EEA national is —
a
an accession State national subject to worker authorisation; or
b
a student who is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (10).
9
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a highly skilled person and holds a registration certificate that includes a statement that he has unconditional access to the United Kingdom labour market.
10
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is in the United Kingdom as a student, does not work for more than 20 hours a week and holds a registration certificate that includes a statement that he is a student who has access to the United Kingdom labour market for 20 hours a week.
11
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a posted worker.
12
For the purposes of paragraphs (3) and (4) of this regulation —
a
a person working in the United Kingdom during a period falling before 1st January 2007 was working legally in the United Kingdom during that period if —
i
he had leave to enter or remain in the United Kingdom under the 1971 Act for that period, that leave allowed him to work in the United Kingdom, and he was working in accordance with any condition on that leave restricting his employment; or
ii
he was entitled to reside in the United Kingdom for that period under the Immigration (European Economic Area) Regulations 2000 or the 2006 Regulations without the requirement for such leave;
b
a person working in the United Kingdom on or after 1st January 2007 is legally working during any period in which he —
i
falls within paragraphs (5) to (10); or
ii
holds an accession worker authorisation document and is working in accordance with the conditions set out in that document;
c
a person shall be treated as having worked in the United Kingdom without interruption for a period of 12 months if he was legally working in the United Kingdom at the beginning and end of that period and any intervening periods in which he was not legally working in the United Kingdom do not, in total, exceed 30 days.
13
In this regulation —
a
“posted worker” means a worker who is posted to the United Kingdom, within the meaning of Article 1(3) of Directive 96/71/ EC concerning the posting of workers , by an undertaking established in an EEA State;
b
the reference to a person settled in the United Kingdom shall be interpreted in accordance with section 33(2A) of the 1971 Act.
Authorised family member
3
1
For the purposes of these Regulations a person shall be treated as an authorised family members if he is the family member of —
a
an accession State national subject to worker authorisation who has a right to reside in the United Kingdom under regulation 14(1) of the 2006 Regulations, unless that national only has a right to reside under that regulation by virtue of his status as a worker and he is working as an au pair, a seasonal agricultural worker or under the Sectors Based Scheme; or
b
a student who is not an accession State national subject to worker authorisation solely by virtue of falling within regulation 2(10).
2
The spouse or civil partner of a person who has leave to enter or remain in the United Kingdom under the 1971 Act that allows him to work in the United Kingdom shall also be treated as an authorised family member.
“Highly skilled person”
4
1
In these Regulations “highly skilled person” means a person who —
a
meets the criteria specified by the Secretary of State for the purpose of paragraph 135A(i) of the immigration rules (entry to the United Kingdom under the Highly Skilled Migrant Programme) and applying on 1st January 2007, other than the criterion requiring a proficiency in the English language; or
b
has been awarded one of the following qualifications and applies for a registration certificate or submits a registration certificate to the Secretary of State under regulation 7(4) within 12 months of being awarded the qualification —
i
a Higher National Diploma or degree awarded by a relevant institution in Scotland; or
ii
a degree with second class honours or above in a subject approved by the Department for Education and Skills for the purpose of participation in the Science and Engineering Graduates Scheme , or a master’s degree or doctorate in any subject, awarded by a relevant institution in England, Wales or Northern Ireland.
2
In paragraph (1)(b), “relevant institution” means an institution that is financed from public funds or included on the Department for Education and Skills’ Register of Education and Training Providers on 1st January 2007.
Derogation from provisions of Community law relating to workers
5
Regulations 6, 7 and 9 derogate during the accession period from Article 39 of the Treaty establishing the European Communities, Articles 1 to 6 of Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
PART 2 Immigration
Right of residence of an accession State national subject to worker authorisation
6
1
An accession State national subject to worker authorisation shall, during the accession period, only be entitled to reside in the United Kingdom in accordance with the 2006 Regulations, as modified by this regulation.
2
An accession State national subject to worker authorisation who is seeking employment in the United Kingdom shall not be treated as a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of the 2006 Regulations and such a person shall be treated as a worker for the purpose of that definition only during a period in which he holds an accession worker authorisation document and is working in accordance with the conditions set out in that document.
3
Regulation 6(2) of the 2006 Regulations shall not apply to an accession State national subject to worker authorisation who ceases to work.
Issuing registration certificates and residence cards to nationals of Bulgaria and Romania and their family members during the accession period
7
1
Subject to paragraph (2), an accession State national subject to worker authorisation shall not be treated as a qualified person for the purposes of regulations 16 and 17 of the 2006 Regulations (issue of registration certificates and residence cards) during the accession period unless he falls within sub-paragraphs (c), (d) or (e) of regulation 6(1) of the 2006 Regulations.
2
The Secretary of State shall issue a registration certificate to an accession State national subject to worker authorisation on application if he is satisfied that the applicant —
a
is seeking employment in the United Kingdom; and
b
is a highly skilled person.
3
Where the Secretary of State issues a registration certificate during the accession period to a Bulgarian or Romanian national under paragraph (2) or in any case where he is satisfied that the Bulgarian or Romanian national is not an accession State national subject to worker authorisation, the registration certificate shall include a statement that the holder of the certificate has unconditional access to the United Kingdom labour market.
4
A Bulgarian or Romanian national who holds a registration certificate that does not include a statement that he has unconditional access to the United Kingdom labour market may, during the accession period, submit the certificate to the Secretary of State for the inclusion of such a statement.
5
The Secretary of State shall re-issue a certificate submitted to him under paragraph (4) with the inclusion of a statement that the holder has unconditional access to the United Kingdom labour market if he is satisfied that the holder —
a
is a highly skilled person; or
b
has ceased to be an accession State national subject to worker authorisation other than solely by virtue of falling within regulation 2(10).
6
A registration certificate issued to a Bulgarian or Romanian student during the accession period shall include a statement that the holder of the certificate is a student who has access to the United Kingdom labour market for 20 hours a week, unless it includes a statement under paragraph (3) or (5) that the holder has unconditional access to the United Kingdom labour market.
7
But this regulation is subject to regulation 20 of the 2006 Regulations (power to refuse to issue and to revoke registration certificates).
Transitional provisions to take account of the application of the 2006 Regulations to nationals of Bulgaria and Romania and their family members on 1 st January 2007
8
1
Where before 1st January 2007 directions have been given for the removal of a Bulgarian or Romanian national or the family member of such a national under paragraphs 8 to 10A of Schedule 2 to the 1971 Act or section 10 of the 1999 Act , those directions shall cease to have effect on and after that date.
2
Where before 1st January 2007 the Secretary of State has made a decision to make a deportation order against a Bulgarian or Romanian national or the family member of such a national under section 5(1) of the 1971 Act —
a
that decision shall, on and after 1st January 2007, be treated as if it were a decision under regulation 19(3)(b) of the 2006 Regulations; and
b
any appeal against that decision, or against the refusal of the Secretary of State to revoke the deportation order, made under section 63 of the 1999 Act or section 82(2)(j) or (k) of the 2002 Act before 1st January 2007, shall, on or after that date, be treated as if it had been made under regulation 26 of the 2006 Regulations.
3
In this regulation —
a
“the 1999 Act” means the Immigration and Asylum Act 1999 ;
b
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002 ;
c
any reference to the family member of a Bulgarian or Romanian national is a reference to a person who on 1st January 2007 acquires a right to reside in the United Kingdom under the 2006 Regulations as the family member of a Bulgarian or Romanian national.
PART 3 Accession State worker authorisation
Requirement for an accession State national subject to worker authorisation to be authorised to work
9
1
An accession State national subject to worker authorisation shall only be authorised to work in the United Kingdom during the accession period if he holds an accession worker authorisation document and is working in accordance with the conditions set out in that document.
2
For the purpose of these Regulations, an accession worker authorisation document is —
a
a passport or other travel document endorsed before 1st January 2007 to show that the holder has leave to enter or remain in the United Kingdom under the 1971 Act, subject to a condition restricting his employment in the United Kingdom to a particular employer or category of employment;
b
a seasonal agricultural work card, except where the holder of the card has a document mentioned in sub-paragraph (a) giving him leave to enter the United Kingdom as a seasonal agricultural worker; or
c
an accession worker card issued in accordance with regulation 11.
3
But a document shall cease to be treated as an accession worker authorisation document under paragraph (2) —
a
in the case of a document mentioned in paragraph (2)(a), at the end of the period for which leave to enter or remain is given;
b
in the case of a seasonal agricultural work card, at the end of the period of six months beginning with the date on which the holder of the card begins working for the agricultural employer specified in the card;
c
in the case of an accession worker card, on the expiry of the card under regulation 11(7).
4
For the purpose of this regulation —
a
“seasonal agricultural work card” means a Home Office work card issued by the operator of a seasonal agricultural workers scheme approved by the Secretary of State for the purpose of paragraph 104(ii) of the immigration rules;
b
the reference to a travel document other than a passport is a reference to a document which relates to a national of Bulgaria or Romania and which is designed to serve the same purpose as a passport.
Application for an accession worker card
10
1
An application for an accession worker card may be made by an accession State national subject to worker authorisation who wishes to work for an employer in the United Kingdom if —
a
the employment concerned falls within an authorised category of employment; or
b
the applicant is an authorised family member.
2
The application shall be in writing and shall be made to the Secretary of State.
3
The application shall state —
a
the name, address, and date of birth of the applicant;
b
the name and address of the employer for whom the applicant wishes to work; and
c
unless the applicant is an authorised family member, the authorised category of employment covered by the application.
4
The application shall be accompanied by —
a
the applicant’s national identity card or passport; and
b
two passport size photographs of the applicant.
5
Where the applicant is not an authorised family member, the application shall, in addition to the documents required by paragraph (4), be accompanied by —
a
where the relevant requirements for the authorised category of employment specified in the application require the applicant to hold a letter of approval under the work permit arrangements, that letter;
b
where sub-paragraph (a) does not apply, a letter from the employer specified in the application confirming that the applicant has an offer of employment with the employer; and
c
any other proof that the applicant wishes to provide to establish that he meets the relevant requirements.
6
Where the applicant is an authorised family member, the application shall, in addition to the documents required by paragraph (4), be accompanied by —
a
a letter from the employer specified in the application confirming that the applicant has an offer of employment with the employer; and
b
proof that the applicant is an authorised family member.
7
In this regulation “address” means, in relation to an employer which is a body corporate or partnership, the head or main office of that employer.
Issuing an accession worker card etc
11
1
Subject to paragraph (2), the Secretary of State shall issue an accession worker card pursuant to an application made in accordance with regulation 10 if he is satisfied that the applicant is an accession State national subject to worker authorisation who —
a
is an authorised family member; or
b
meets the relevant requirements for the authorised category of employment covered by the application.
2
The Secretary of State shall not issue an accession worker card if he has decided to remove the applicant from the United Kingdom under regulation 19(3)(b) of the 2006 Regulations (removal on grounds of public policy, public security or public health).
3
An accession worker card issued under this regulation to an authorised family member shall include a condition restricting the applicant’s employment to the employer specified in the application.
4
An accession worker card issued under this regulation pursuant to an application that was accompanied by a letter of approval under the work permit arrangements shall include the following conditions —
a
a condition restricting the applicant’s employment to the employer specified in the application and any secondary employer; and
b
a condition restricting him to the type of employment specified in the letter of approval under the work permit arrangements.
5
In any other case, an accession worker card issued under this regulation shall include the following conditions —
a
a condition restricting the applicant’s employment to the employer specified in the application; and
b
a condition restricting him to the authorised category of employment specified in the application.
6
An accession worker card issued under this regulation shall include a photograph of the applicant and shall set out —
a
the name, nationality and date of birth of the applicant;
b
the name and address of the employer specified in the application;
c
the conditions required by paragraph (3), (4) or (5), as the case may be; and
d
the date on which the card was issued.
7
An accession worker card shall expire if the holder of the card ceases working for the employer specified in the application.
8
Where the Secretary of State is not satisfied as mentioned in paragraph (1) or where paragraph (2) applies, he shall refuse the application and issue a notice of refusal setting out the reasons for the refusal.
9
An accession worker card or notice of refusal issued under this regulation shall be sent to the applicant by post together with the identity card or passport that accompanied the application.
10
In this regulation, “secondary employer” means, in relation to an applicant, an employer who is not specified in his application and who employs the applicant for no more than 20 hours a week when the applicant is not working for the employer who is specified in the application.
Unauthorised employment of accession State national – employer offence
12
1
Subject to paragraphs (2) and (3), an employer who employs an accession State national subject to worker authorisation during the accession period shall be guilty of an offence if —
a
the employee does not hold an accession worker authorisation document; or
b
the employee’s accession worker authorisation document is subject to conditions that preclude him from taking up the employment.
2
Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that before the employment began there was produced to the employer a document that appeared to him to be a registration certificate issued to the worker and —
a
the registration certificate contained a statement that the worker has unconditional access to the United Kingdom labour market; or
b
the registration certificate contained a statement that the worker is a student who has access to the United Kingdom labour market for 20 hours a week and the employer has not employed that worker for more than 20 hours a week.
3
Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that before the employment began there was produced to the employer a document that appeared to him to be an accession worker authorisation document that authorised the worker to take up the employment.
4
The defence afforded by paragraph (2) and (3) shall not be available in any case where the employer —
a
did not take and retain a copy of the relevant document; or
b
knew that his employment of the worker constituted an offence under this regulation.
5
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person purporting to act in such a capacity,
he, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
8
Where an offence under this regulation is committed by a partnership (other than a limited partnership) each partner shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
9
Paragraph (6) shall have effect in relation to a limited partnership as if —
a
a reference to a body corporate were a reference to a limited partnership; and
b
a reference to an officer of the body corporate were a reference to a partner.
10
An offence under this regulation shall be treated as —
a
a relevant offence for the purpose of sections 28B and 28D of the 1971 Act (search, entry and arrest);
b
an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H of that Act (search after arrest); and
c
an offence referred to in section 28AA of that Act (arrest with warrant).
Unauthorised working by accession State national – employee offence
13
1
Subject to paragraph (2), an accession State national subject to worker authorisation who works in the United Kingdom during the accession period shall be guilty of an offence if —
a
he does not hold an accession worker authorisation document; or
b
he is working in breach of the conditions set out in his accession worker authorisation document.
2
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for not more than three months, or both.
3
A constable or immigration officer who has reason to believe that a person has committed an offence under this regulation may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a penalty in accordance with the notice.
4
The penalty payable in pursuance of a notice under paragraph (3) is £1000 and shall be payable to the Secretary of State.
5
Where a person is given a notice under paragraph (3) in respect of an offence —
a
no proceedings may be instituted for that offence before the expiration of the period of twenty one days following the date of the notice; and
b
he may not be convicted of that offence if before the expiration of that period he pays the penalty in accordance with the notice.
6
A notice under paragraph (3) must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
7
A notice under paragraph (3) must also state —
a
the period during which, by virtue of paragraph (5), proceedings will not be instituted for the offence;
b
the amount of the penalty; and
c
that the penalty is payable to the Secretary of State at the address specified in the notice.
8
Without prejudice to payment by any other method, payment of a penalty in pursuance of a notice under paragraph (3) may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the Secretary of State at the address specified in the notice.
9
Where a letter is sent in accordance with paragraph (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
Deception – employee offence
14
1
A person is guilty of an offence if, by means which include deception by him, he obtains or seeks to obtain an accession worker card.
2
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for not more than three months, or both.
Offences under regulations 13 and 14 – search, entry and arrest
15
An offence under regulation 13 or 14 shall be treated as —
a
a relevant offence for the purpose of sections 28B and 28D of the 1971 Act (search, entry and arrest);
b
an offence under Part III of that Act (criminal proceedings) for the purpose of sections 28E, 28G and 28H of that Act (search after arrest); and
c
an offence under section 24(1)(b) of that Act for the purpose of sections 28A, 28CA and 28FA of that Act (arrest without warrant, entry of business premises to arrest and search for personal records).
Liam Byrne
Minister of State
Home Office
13th December 2006


text:
Citation and Commencement
1
This Order may be cited as the Registration of Political Parties (Prohibited Words and Expressions) (Amendment) Order 2006 and shall come into force on 1 January 2007.
Amendments
2
1
The Registration of Political Parties (Prohibited Words and Expressions) Order 2001 is amended as follows.
2
In article 2(1), (2)(b) and (2A) after “registered name” insert “or registered description”.
3
In article 2(2)(b) after “party” insert “(other than the applicant party)”.
4
In article 2(2)(c)(ii) for “Part, or” substitute “Part;”.
5
In article 2(2)(c)(iii) after ““party”;” insert “or”.
6
In article 2, after paragraph (2)(c)(iii) insert —
iv
the registered description of a registered party;
.
7
In article 2(3)(b)(i) —
a
after “applicant party”, where it first appears, insert “or a description”; and
b
after “application under” insert “section 28B or” .
8
In article 2(3)(b)(ii) after “applicant party” insert “or a description”.
9
In the heading to the Schedule after “REGISTERED NAME” insert “OR REGISTERED DESCRIPTION”.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 6th December 2006


text:
Citation
1
This Order may be cited as the Taxation of Chargeable Gains (Gilt-edged Securities) Order 2006.
Securities specified as gilt-edged securities
2
For the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 (gilt-edged securities) the following securities are specified —
4¼% Treasury Gilt 2011;
4¾% Treasury Stock 2020;
4¼% Treasury Stock 2036;
1¼% Index-linked Treasury Gilt 2055;
4¼% Treasury Gilt 2055.
Dave Watts
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 2006


text:
Title and commencement
1
These Regulations may be cited as the Plant Health (Fees) (Forestry) Regulations 2006 and come into force on 6th November 2006.
Interpretation
2
1
In these Regulations —
“authority” means an authority to issue plant passports under article 28 of the Order ;
“consignment” has the meaning given by Article 2(1)(p) of the Directive ;
“the Directive” means Council Directive 2000/29/ EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by amendments up to and including those effected by Commission Directive 2006/35/EC ;
“documentary check” has the meaning given by Article 13a(1)(b)(i) of the Directive;
“licence” means a licence to carry out any activity to which article 38 of the Order applies;
“the Order” means the Plant Health (Forestry) Order 2005 ;
“plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9 to the Order, issued by or with the authority of the Forestry Commissioners, and includes a replacement plant passport;
“remedial notice” means a notice served under articles 31(1) or (4) or 33(3) of the Order; and
“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice or by an inspector under article 32(1) of the Order.
2
Words and expressions which are not defined in these Regulations and which appear in the Order have the same meaning in these Regulations as they have in the Order.
Fees
3
1
All fees are payable to the Forestry Commissioners.
2
The fee for an inspection related to an authority is specified in Schedule 1.
3
The fee payable in connection with an application or for an inspection related to a licence is specified in Schedule 2.
4
An importer shall pay in respect of the following checks carried out on a consignment to which paragraph (6) applies —
a
the fee specified in Schedule 3 for a plant health check;
b
the fee specified in Schedule 4 for a documentary check; and
c
the fee specified in Schedule 4 for an identity check.
5
The person on whom a remedial notice is served or who is given notice under article 32(1) of the Order shall pay the fee specified in Schedule 5 for remedial work in connection with a consignment to which paragraph (6) applies.
6
This paragraph applies to a consignment of (or a consignment which an inspector reasonably suspects to be) —
a
isolated bark of a type listed in Schedule 5, Part A, paragraph 3 or Part B, paragraph 3 to the Order; or
b
wood of a type listed in Schedule 5, Part A, paragraph 4 or Part B, paragraph 1 to the Order, other than wood packaging material which is actually in use in the transport of objects of all kinds,
to which the provisions of Part 2 of the Order apply.
Revocations
4
The following Regulations are revoked —
a
the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 ;
b
the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1997 ; and
c
the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1999 .
Sealed with the official seal of the Forestry Commissioners on 10th October 2006
Wilma Harper
Secretary to the Forestry Commissioners
10th October 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2006 and come into force on 1st September 2006.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 are amended as follows.
2
In regulation 10(4) and (6), substitute “£1,625” for “£1,575” in each place where it appears.
3
In paragraph 1 of Schedule 2, substitute “£12,470” for “£12,182”.
4
For the table following paragraph 2(1) of that Schedule substitute the following table —
Table
(1) Part of relevant income to which specified percentage applies (2) Only assisted pupil (%) (3) Each of two assisted pupils (%) Each of three assisted pupils (%)
That part (if any) which exceeds £12,304 but does not exceed £13,380. 9 6.75 5.25 That part (if any) which exceeds £13,380 but does not exceed £14,472. 12 9 7 That part (if any) which exceeds £14,472 but does not exceed £16,637. 15 11.25 8.75 That part (if any) which exceeds £16,637 but does not exceed £19,977. 21 15.75 12.25 That part (if any) which exceeds £19,977 but does not exceed £24,331. 24 18 14 That part (if any) which exceeds £24,331. 33 24.75 19.25
Andrew Adonis
Minister of State,
Department for Education and Skills
6th July 2006


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2006.
2
This Order shall come into force on 1st January 2007.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage 1st January 1986 – 31st December 2006 110.0% 1st January 1987 – 31st December 2006 103.7% 1st January 1988 – 31st December 2006 95.5% 1st January 1989 – 31st December 2006 85.0% 1st January 1990 – 31st December 2006 71.9% 1st January 1991 – 31st December 2006 55.0% 1st January 1992 – 31st December 2006 48.9% 1st January 1993 – 31st December 2006 43.7% 1st January 1994 – 31st December 2006 41.2% 1st January 1995 – 31st December 2006 38.2% 1st January 1996 – 31st December 2006 33.0% 1st January 1997 – 31st December 2006 30.2% 1st January 1998 – 31st December 2006 25.7% 1st January 1999 – 31st December 2006 21.8% 1st January 2000 – 31st December 2006 20.5% 1st January 2001 – 31st December 2006 16.6% 1st January 2002 – 31st December 2006 14.7% 1st January 2003 – 31st December 2006 12.8% 1st January 2004 – 31st December 2006 9.7% 1st January 2005 – 31st December 2006 6.4% 1st January 2006 – 31st December 2006 3.6%
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
20th November 2006


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Corby (Electoral Changes) Order 2006.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Corby;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
“map” means the map marked “Map referred to in the Borough of Corby (Electoral Changes) Order 2006”, of which prints are available for inspection at the principal office of the Electoral Commission.
Wards of the borough of Corby
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Map
4
Corby Borough Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
5
The registration officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The Borough of Corby (Electoral Changes) Order 1998 is revoked.
Sealed with the seal of the Electoral Commission on the 25th day of May 2006
Sam Younger
Chairman of the Commission
25th May 2006
Jacqui Dixon
Secretary to the Commission
25th May 2006