Glossary: Operational Guidance

Call for Evidence

(CfE) An information gathering exercise comprising of an online survey and mailbox for citizens and other stakeholders to submit information to the Inquiry.

Devolved Governments (DG)   

The Scottish Government, Welsh Government and Northern Ireland Executive.

End of the transition period     

11pm on 31 December 2020. This is the point at which the EU law that had continued to apply to and within the UK via Part 4 of the Withdrawal Agreement ceased to apply. EU free movement rules were brought to an end in the UK at 11pm on 31 December 2020.

EUWAA  

European Union (Withdrawal Agreement) Act 2020.

General Data Protection Regulation (GDPR)

For information to be shared lawfully, it must also comply with the UK General Data Protection Regulation (UK GDPR) and EU General Data Protection Regulation (so far as is relevant) and the Data Protection Act 2018 (DPA18).

Grace period 

The period from the end of the transition period to 30 June 2021. For countries that decided to require citizens to apply in order to enjoy the rights contained in the Agreements (referred to as a ‘constitutive scheme’), the Agreements required a grace period of a minimum of 6 months from the end of the transition period during which the full rights contained in the Agreements would be available. The UK decided to implement a constitutive scheme and set the grace period to come to an end 6 months from the end of the transition period, i.e. 30 June 2021. The Agreements provided for a grace period during which EEA citizens and their family members who were lawfully resident in the UK under EU free movement law before the end of the transition period were given additional time to make their application under the EUSS. (See Article 18(1)(b) and (2) of the Withdrawal Agreement; and Article 17(1)(b) and (2) of the EEA EFTA Separation Agreement; and the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 made under powers in the European Union (Withdrawal Agreement) Act 2020).

Public Authority (PA)

A public authority is any organisation that exercises functions of a public nature.

Public authorities can include:

  • government departments (such as the Home Office or HM Revenue and Customs)
  • devolved governments in Scotland, Wales and Northern Ireland
  • government agencies (such as the Driver and Vehicle Licensing Agency)
  • local councils
  • non-departmental public bodies (such as NHS England or the Health and Safety Executive)
  • public corporations (such as the BBC or the Pension Protection Fund)

Relevant rights

Rights protected by the Agreements and corresponding rights arising under domestic law (see paragraph 41 of Schedule 2 to the European Union (Withdrawal Agreement) Act 2020.

The Agreements    

The UK-EEA EFTA Separation Agreement and the UK-EU Withdrawal Agreement, and specifically Part 2 of those Agreements which provide rights for those EU and EEA EFTA citizens, and their family members, who were living in the UK in accordance with EU law prior to 11pm on 31 December 2020 and any joining family members.

Third country nationals 

To mean nationals from outside the EEA and Switzerland.

Qualifying persons 

The individuals whose rights are protected the Agreements.