This division was performed remotely.
Baroness Hamwee moved Motion B1, as an amendment to Motion B, at end to insert “but do propose Amendment 2B in lieu—
Page 3, line 8, at end insert—
“(5A) Regulations made under subsection (1) must make provision to enable UK citizens falling within the personal scope of—
(a) the Withdrawal Agreement,
(b) the EEA EFTA separation agreement, or
(c) the Swiss citizens’ rights agreement,
to return to the United Kingdom before 31 December 2040 accompanied by, or to be joined in the United Kingdom before 31 December 2040 by, close family members.
(5B) Regulations under subsection (1) may not impose any conditions on the entry or residence of close family members of UK citizens which could not have been imposed under EU law relating to free movement, as on the day on which this Act comes into force.
(5C) For the purposes of subsection (5A)—
“close family members” means—
(a) children (including adopted children), and
(b) other close family members where that relation subsisted on or before 31 January 2020 and has continued to subsist;
“Withdrawal Agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the meaning given in section 39 of the European Union (Withdrawal Agreement) Act 2020 (interpretation).””