Part 3: EU-derived rights etc
The EUWA 20181 at the end of the transition period, saves as part of UK law directly effective rights that currently flow through section 2(1) of the European Communities Act 1972 (ECA), where those rights have been recognised by a domestic or EU court before then. This includes rights set out in the Treaty on the European Union, the Treaty on the Functioning of the European Union (TFEU), the agreement with the European Economic Area (EEA) and in other international agreements, such as the Swiss Agreement on the Free Movement of Persons and the EU’s Association Agreement with Turkey. It also saves rights derived from Directives that have been recognised by the courts prior to the end of the transition period. A number of these rights could otherwise be relied upon in an immigration context.
	Part 3 of Schedule 1 disapplies other retained EU law relating to free movement of persons. It deals with directly effective rights flowing from the Free Movement of Persons Agreement between the EU and Switzerland which may otherwise form part of UK law by virtue of the EUWA 2018. It ensures the rights derived from the specific provisions listed in paragraph 5 (1)(b) cease to be recognised and available in domestic law. As a result, Swiss citizens and their family members, like EEA citizens and their family members, will be subject to the immigration requirements set out in the 1971 Act.
	Paragraph 6 ensures any directly effective rights that will have been saved by the EUWA 2018 and would, in the absence of this paragraph, be retained, cease to apply insofar as they are inconsistent with, or are otherwise capable of affecting the interpretation, application or operation of, specified domestic immigration legislation or functions. For example, the residence rights that are derived from Articles 20 and 21 2 of the TFEU (rights of citizenship and free movement) will be retained EU law and , unless they are disapplied would provide a right to reside in the UK for certain groups, for example "Chen" carers who are primary carers of an EU citizen child who is in the UK and is self-sufficient. However, the rights derived from Articles 20 and 21 would continue to apply in non-immigration contexts unless disapplied.
	The following is a non-exhaustive list of the directly effective rights relevant to this Paragraph.
Title of Treaty
Relevant article
Subject area
Treaty on European Union
Article 9
Citizenship and equality
Treaty on the Functioning of the European Union
Article 18, paragraph 1
Non-discrimination
Article 20(1) and (2)(a)
Citizenship
Article 21(1)
Free movement
Article 45(1), (2) and (3)
Free movement of workers
Article 49
Freedom of establishment
Article 56
Free movement of services
EEA Agreement
Article 4
Non-discrimination
Article 28 (1), (2) and (3)
Freedom of movement for workers
Article 31 (1)
Freedom of establishment
Article 36 (1)
Free movement of services
Treaty establishing the European Atomic Energy Community
Article 96, paragraph 1
Abolish restrictions based on nationality regarding employment in the field of nuclear energy
Article 97
Abolish restrictions based on nationality regarding constructions of nuclear installations
Additional Protocol to the Turkey ECAA
Article 41(1)
Standstill clause
Decision 1/80 of the Association Council established under the Turkey Association Agreement
Articles 6(1) (2)
Right to work
Article 7
Rights of family members
Article 13
Standstill clause
Article 14
Limits on grounds of public policy, public security or public health
Swiss Agreement on Free Movement
Article 2
Non-discrimination
Article 5
Persons providing services
Article 11
Processing of appeals
Article 13
Standstill
Article 23
Acquired rights
Article 1 of Annex 1 [Immigration only]
Entry and Exit
Article 2 of Annex 1 [Immigration only]
Residence and economic activity
Article 3 of Annex 1 [Immigration only]
Members of the family
Articles 4 and 24 of Annex 1 [Immigration only]
Right to stay and Rules regarding residence
Article 5 of Annex 1 [Immigration only]
Public order
Articles 6 and 12 of Annex 1 [Immigration only]
Rules regarding residence
Articles 7 and 8 of Annex 1 [Immigration only]
Employed frontier workers
Articles 17 and 20 of Annex 1
Persons providing services
Article 23 of Annex 1 [Immigration only]
Persons receiving services