Borders, Citizenship and Immigration Act 2009

a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 (c. 11),

any tax, duty or levy not mentioned in that Schedule,

a matter in respect of which functions were transferred to the Commissioners from the Paymaster General under the Transfer of Functions (Office of Her Majesty's Paymaster General) Order 2006 (S.I. 2006/607),

the subject matter of Directive 2015/849/EU of the European Parliament and of the Council of 20th May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing (as amended from time to time), and

the subject matter of Regulation (EU) 2015/847 of the European Parliament and of the Council of 20th May 2015 on information accompanying transfers of funds (as amended from time to time).

in relation to a general customs matter, and

in relation to any other matter,

to functions of the Commissioners are to functions conferred by an enactment to which this section applies;

to functions of officers of Revenue and Customs are to functions conferred by an enactment to which section 3 (designation of general customs officials) applies.

an enactment passed or made before the end of the session in which this Act is passed,

an instrument or document issued before the passing of this Act.

sections 98 and 99 of the Energy Act 2013 (HMRC functions in relation to Office for Nuclear Regulation etc.), and

section 5(2)(b) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (Commissioners' initial functions),

section 9 of that Act (ancillary powers),

section 25A(2) of that Act (certificates of debt),

section 31 of that Act (obstruction), and

section 33 of that Act (power of arrest) other than in its application to an offence under section 30 of that Act (impersonation),

a function that is exercisable—

a function that is conferred on general customs officials or the Secretary of State by or by virtue of any of section 23 or 24 (investigations and detention), or

a function under assimilated law that is exercisable by the Secretary of State or general customs officials in relation to a matter—

amend section 1(2) (matters that are general customs matters) so as to add, modify or remove a matter;

amend that section so as to exclude its application in relation to a function of the Commissioners for Her Majesty's Revenue and Customs or to modify or remove a reference to a function previously so excluded;

make provision for that section to apply in relation to a function conferred on the Commissioners by an enactment passed or made after the end of the session in which this Act is passed;

modify any enactment (including an enactment passed or made after the passing of this Act) in consequence of provision made under any of paragraphs (a) to (c);

make provision for a function of the Secretary of State or general customs officials to be treated, or not to be treated, as a general customs function.

a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 (c. 11),

value added tax,

a customs revenue matter (as to which, see section 7), or

a matter listed at section 7(2)(e).

an immigration officer, or

any other official in that Secretary of State's department,

has, in relation to a general customs matter, the same functions as an officer of Revenue and Customs would have, and

may exercise the functions conferred on the Secretary of State by section 1 (general customs functions of the Secretary of State).

in relation to a general customs matter, and

in relation to any other matter,

an enactment passed or made, or an instrument or document issued, before this Act is passed, and

subject to express provision to the contrary, an enactment passed or made, or an instrument or document issued, after this Act is passed.

section 2(4) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (continuation of anything begun by one officer by another),

section 6 of that Act (officers' initial functions),

section 25(1) and (5) of that Act (conduct of civil proceedings in a magistrates' court or in the sheriff court),

section 25A(1) of that Act (certificates of debt),

section 31 of that Act (obstruction),

section 32 of that Act (assault), and

section 33 of that Act (power of arrest) other than in its application to an offence under section 30 of that Act (impersonation),

any limitation specified in the official's designation under section 4 (supplementary provisions about designation), and

any designation of the official under section 11 (designation of customs revenue officials).

the functions that are exercisable by virtue of the designation, or

the purposes for which those functions are exercisable.

may be permanent or for a specified period,

may (in either case) be withdrawn, and

may be varied.

is capable of effectively carrying out the functions that are exercisable by virtue of the designation,

has received adequate training in respect of the exercise of those functions, and

is otherwise a suitable person to exercise those functions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

anti-dumping duty (within the meaning it has in Union customs legislation);

countervailing duty (within the meaning it has in Union customs legislation);

customs duties;

duties of excise other than—

value added tax so far as relating to the export of goods from, or the import of goods into, the United Kingdom.

any function of making, by statutory instrument, any regulations, rules or an order;

any function of issuing notices, directions or conditions that relate to value added tax and that apply generally to any person falling within their terms.

in relation to a customs revenue matter, and

in relation to any other matter,

an enactment passed or made before the end of the session in which this Act is passed,

an instrument or document issued before the passing of this Act.

sections 98 and 99 of the Energy Act 2013 (HMRC functions in relation to Office for Nuclear Regulation etc.), ...

Part 1 and sections 40A and 40B of the Taxation (Cross-border Trade) Act 2018, and

section 5(1)(b) and (2)(b) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (Commissioners' initial functions),

section 9 of that Act (ancillary powers),

section 24(1), (2), (3)(e) and (4) to (7) of that Act (evidence),

section 25(1), (1A), (5) and (6) of that Act (conduct of civil proceedings),

section 25A(2) of that Act (certificates of debt),

section 26 of that Act (rewards),

section 31 of that Act (obstruction), and

section 33 of that Act (power of arrest) other than in its application to an offence under section 30 of that Act (impersonation),

a function that is exercisable—

a function that is conferred on customs revenue officials or the Director by or by virtue of any of section 23 or 24 (investigations and detention), or

a function under assimilated law, or Union customs legislation, that is exercisable by the Director or customs revenue officials in relation to a customs revenue matter.

does not prevent the exercise of the function by the Director, and

does not prevent the exercise of the function by a customs revenue official (see section 11).

the Director must monitor the exercise of the function by the person to whom it is delegated, and

the person must comply with the directions of the Director in exercising that function.

the Director of Border Revenue in the exercise of the Director's customs revenue functions, and

a person to whom such functions are delegated under section 9.

any concession published by the Commissioners for Her Majesty's Revenue and Customs and available generally to any person falling within its terms, and

any interpretation of the law issued by the Commissioners (whether or not published).

comply with any other guidance issued by the Commissioners (whether or not published), and

take account of any other material published by the Commissioners.

an immigration officer, or

any other official in the department of the Secretary of State by whom general customs functions are exercisable,

has, in relation to a customs revenue matter, the same functions as an officer of Revenue and Customs would have, and

may exercise the functions conferred on the Director by section 7 (customs revenue functions).

in relation to a customs revenue matter, and

in relation to any other matter,

an enactment passed or made, or an instrument or document issued, before this Act is passed, and

subject to express provision to the contrary, an enactment passed or made, or an instrument or document issued, after this Act is passed.

section 2(4) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (continuation of anything begun by one officer by another),

section 6 of that Act (officers' initial functions),

section 25(1), (1A) and (5) of that Act (conduct of civil proceedings),

section 25A(1) of that Act (certificates of debt),

section 26 of that Act (rewards),

section 31 of that Act (obstruction),

section 32 of that Act (assault), and

section 33 of that Act (power of arrest) other than in its application to an offence under section 30 of that Act (impersonation),

any limitation specified in the official's designation under section 12 (supplementary provisions about designation), and

any designation of the official under section 3 (designation of general customs officials).

the functions that are exercisable by virtue of the designation, or

the purposes for which those functions are exercisable.

may be permanent or for a specified period,

may (in either case) be withdrawn, and

may be varied.

is capable of effectively carrying out the functions that are exercisable by virtue of the designation,

has received adequate training in respect of the exercise of those functions, and

is otherwise a suitable person to exercise those functions.

use customs information acquired by that person in connection with a function exercisable by that person for the purpose of any other function exercisable by that person, and

disclose customs information to any other person to whom this section applies for the purpose of a function exercisable by that person.

a designated customs official,

an immigration officer,

the Secretary of State by whom general customs functions are exercisable,

any other Minister of the Crown in the department of that Secretary of State,

the Director of Border Revenue, and

a person acting on behalf of a person mentioned in paragraphs (a) to (e).

this Part,

any other enactment, or

an international or other agreement to which the United Kingdom or Her Majesty's Government is party.

an Act of the Scottish Parliament,

a Measure or Act of the National Assembly for Wales, or

Northern Ireland legislation.

the use by a person to whom it applies of information other than customs information;

the disclosure by or to a person to whom it applies of information other than customs information.

whether the information was acquired or is capable of being acquired by the person by whom it is held or another person;

whether the information was also acquired or is also capable of being acquired in the exercise of any other function.

a relevant official, or

a Minister of the Crown in that department.

a designated customs official,

an immigration officer,

the Director of Border Revenue, or

a person acting on behalf of—

does not breach subsection (1) by disclosing information the person knows was acquired otherwise than as the result of the exercise of a customs function;

does not breach subsection (2) by disclosing information the person knows was acquired otherwise than as the result of the exercise of a customs revenue function.

section 16 (exceptions to the prohibition in this section), and

any enactment (other than an enactment contained in this Part) permitting disclosure, where the disclosure in question does not contravene any restriction imposed by the Commissioners for Her Majesty's Revenue and Customs on the disclosure of customs revenue information.

an Act of the Scottish Parliament,

a Measure or Act of the National Assembly for Wales, or

Northern Ireland legislation.

to which any of subsections (3) to (8) applies, and

which, in the case of a disclosure of customs revenue information, does not contravene any restriction imposed by the Commissioners for Her Majesty's Revenue and Customs.

a customs function,

a function relating to immigration, asylum or nationality,

a function relating to national security, or

a function relating to the prevention or detection of crime.

is made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a function within subsection (3),

is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom), or

is made in pursuance of an order of a court.

to a person specified in regulations made jointly by the Treasury and the Secretary of State, or

of a kind specified in such regulations.

to which any of subsections (3) to (8) of section 16 applies, and

which, in the case of a disclosure of customs revenue information, does not contravene any restriction imposed by the Commissioners for Her Majesty's Revenue and Customs.

an Act of the Scottish Parliament,

a Measure or Act of the National Assembly for Wales, or

Northern Ireland legislation.

that the disclosure was lawful, or

that the information had already and lawfully been made available to the public.

may be brought in England and Wales only with the consent of the Director of Public Prosecutions ...;

may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.

on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both;

on summary conviction—

contravenes the data protection legislation, or

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

apply to criminal investigations conducted by designated customs officials and relating to a general customs matter or customs revenue matter as they apply to relevant investigations conducted by officers of Revenue and Customs, and

apply to persons detained by designated customs officials as they apply to persons detained by officers of Revenue and Customs.

the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175);

the Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464).

subject to the following provisions of this subsection, references in those orders to an officer of Revenue and Customs are to be read as references to a designated customs official;

references in those orders to the Commissioners are to be read as references to—

references in those orders to Her Majesty’s Revenue and Customs or to Revenue and Customs are to be read as references to—

references in those orders to an office of Revenue and Customs are to be read as references to an office of the UK Border Agency;

references in those orders to a designated office of Revenue and Customs are to be read as references to a designated office of the UK Border Agency;

references in those orders to a relevant indictable offence are to be read as references to an indictable offence that relates to a general customs matter or a customs revenue matter;

references in those orders to a relevant investigation are to be read as references to a criminal investigation conducted by a designated customs official that relates to a general customs matter or a customs revenue matter;

references in those orders to a person being in Revenue and Customs detention are to be read as references to a person being in UK Border Agency detention;

references in those orders to an officer of Revenue and Customs of at least the grade of officer are to be read as references to a designated customs official of at least the grade of immigration officer or executive officer;

references in those orders to an officer of Revenue and Customs of at least the grade of higher officer are to be read as references to a designated customs official of at least the grade of chief immigration officer or higher executive officer;

references in those orders to an officer of Revenue and Customs of at least the grade of senior officer are to be read as references to a designated customs official of at least the grade of immigration inspector or senior executive officer;

any other references in those orders to an officer of Revenue and Customs occupying a specified post or grade are to be read as references to the Secretary of State.

a person is in UK Border Agency detention if— and is detained there or is detained elsewhere in the charge of a designated customs official, and

“office of the UK Border Agency” means premises wholly or partly occupied by designated customs officials.

in article 2(1) of the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175), the definitions of “the Commissioners”, “office of Revenue and Customs”, “relevant indictable offence” and “relevant investigation”;

article 2(2) of that order (Revenue and Customs detention);

article 7 of that order (restriction on other powers to apply for production of documents);

article 19 of that order (authorisation);

in article 2(1) of the Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), the definitions of “the Commissioners”, “office of Revenue and Customs”, “relevant indictable offence” and “relevant investigation”;

article 2(2) of that order (Revenue and Customs detention);

article 7 of that order (restriction on other powers to apply for production of documents);

article 15 of that order (authorisation).

between UK Border Agency detention and Revenue and Customs detention;

between Revenue and Customs detention and UK Border Agency detention;

between UK Border Agency detention and police detention;

between police detention and UK Border Agency detention.

in relation to England and Wales, are to be construed in accordance with the Police and Criminal Evidence Act 1984 (c. 60);

in relation to Northern Ireland, are to be construed in accordance with the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

investigations conducted by designated customs officials,

persons detained by designated customs officials,

investigations conducted by immigration officers, or

persons detained by immigration officers.

the Police and Criminal Evidence Act 1984 (c. 60), and

the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

section 114 of the Police and Criminal Evidence Act 1984, or

article 85 of the Police and Criminal Evidence (Northern Ireland) Order 1989.

the Commissioners or officers of Revenue and Customs, and

the Secretary of State, the Director of Border Revenue or designated customs officials.

create interests or rights, or impose liabilities, in relation to property, rights or liabilities transferred by virtue of the scheme or retained by a transferor;

apportion property, rights or liabilities between a transferor and a transferee.

provide for anything done by or in relation to a transferor in connection with anything transferred to have effect as if done by or in relation to a transferee;

permit anything (including any legal proceedings) relating to anything transferred by the scheme which is in the process of being done by or in relation to a transferor when the transfer takes effect to be continued by or in relation to a transferee;

provide for references to a transferor in an agreement (whether written or not), instrument or other document relating to anything transferred by the scheme to be treated as references to a transferee;

include other incidental, supplementary, consequential, transitional or transitory provision or savings.

whether or not they would otherwise be capable of being transferred,

without any instrument or other formality being required, and

irrespective of any requirement for consent that would otherwise apply.

any specified thing or anything of a specified description done by or in relation to the Commissioners or an officer of Revenue and Customs in connection with a relevant function to have effect as if done by or in relation to the Secretary of State, the Director or a designated customs official;

any specified thing or anything of a specified description (including any legal proceedings) relating to a relevant function done by or in relation to the Commissioners or an officer of Revenue and Customs to be continued by or in relation to the Secretary of State, the Director or a designated customs official.

comes into force in accordance with its terms;

may be amended or revoked.

omit the words from the beginning to “Agency;”,

in paragraph (a), for “within the Border and Immigration Agency” substitute “ among the persons listed in subsections (1A) and (1B) (the “listed persons”) ”,

in paragraph (b), for “the Border and Immigration Agency” substitute “ the listed persons ”, and

after paragraph (g) insert—.

in paragraph (a), for “the Border and Immigration Agency” substitute “ a person listed in section 48(1A) or (1B) ”, and

in paragraph (b), for “the Agency” substitute “ such a person ”.

designated customs officials, and officials of the Secretary of State exercising customs functions;

immigration officers, and officials of the Secretary of State exercising functions relating to immigration, asylum or nationality;

the Secretary of State in so far as the Secretary of State has general customs functions;

the Secretary of State in so far as the Secretary of State has functions relating to immigration, asylum or nationality;

the Director of Border Revenue and any person exercising functions of the Director;

persons providing services pursuant to arrangements relating to the discharge of a function of a person mentioned in paragraphs (a) to (e).

in relation to Her Majesty's Inspectors of Constabulary, apply (with or without modification) or make provision similar to any provision of sections 54 to 56 of the Police Act 1996 (c. 16) (inspection);

in relation to the Scottish inspectors, apply (with or without modification) or make provision similar to any provision of Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (Her Majesty’s inspectors of constabulary);

in relation to the Northern Ireland inspectors, apply (without or without modification) or make provision similar to any provision of section 41 or 42 of the Police (Northern Ireland) Act 1998 (c. 32) (inspection).

may enable a Minister of the Crown to require an inspection to be carried out;

must provide for a report of an inspection to be made and, subject to any exceptions required or permitted by the regulations, published;

must provide for an annual report by Her Majesty's Inspectors of Constabulary;

may make provision for payment to or in respect of Her Majesty's Inspectors of Constabulary, the Scottish inspectors or the Northern Ireland inspectors.

if it is carried out wholly in Scotland, or

in a case where it is carried out partly in Scotland, to the extent that it is carried out there.

“the Scottish inspectors” means the inspectors of constabulary appointed under section 71(2) of the Police and Fire Reform (Scotland) Act 2012;

“the Northern Ireland inspectors” means the inspectors of constabulary appointed under section 41(1) of the Police (Northern Ireland) Act 1998.

after subsection (1)(b) insert—, and

after subsection (2) insert—

instituting criminal proceedings in England and Wales,

assuming the conduct of criminal proceedings in England and Wales, or

providing legal advice,

designated customs officials,

immigration officers,

officials of the Secretary of State,

the Secretary of State,

the Director of Border Revenue,

a person acting on behalf of a person mentioned in paragraphs (a) to (e), and

constables.

functions assigned to the Director of Revenue and Customs Prosecutions by virtue of this section are to be treated as functions of the Director under or by virtue of that Act, and

proceedings conducted by the Director by virtue of this section are to be treated as proceedings conducted by the Director under that Act.

may include incidental, supplementary and consequential provision;

may make transitional or transitory provision or savings;

may be amended or revoked.

for considering whether an offence has been committed,

for discovering by whom an offence has been committed, or

as a result of which an offence is alleged to have been committed.

at such times and in such manner as the Treasury directs, and

after deduction of payments in connection with drawback and repayments.

pay money to the Director or the Secretary of State (as the case may be) to enable the payment or repayment to be made, or

make the payment or repayment on behalf of the Director or the Secretary of State (as the case may be).

requiring the payment of sums received by the Secretary of State or the Director in the exercise of their functions into the Consolidated Fund;

permitting the deduction of disbursements before such payments are made;

requiring the Secretary of State or the Director to provide accounts of the receipt and disposal of revenue;

permitting the Treasury to make payments to the Secretary of State or the Director out of the Consolidated Fund to enable them to make disbursements.

for “The Agency” substitute “ Those persons ”,

in paragraph (a), for “its” substitute “ their ”, and

in paragraph (b), for “it makes” substitute “ they make ”.

relevant persons, or

the exercise of functions by relevant persons,

“relevant persons” means—

a reference to relevant persons includes a reference to any description of relevant persons.

extending to relevant persons an exemption or protection afforded by an enactment to any other description of persons;

providing for the disclosure of information to, or the doing of other things in relation to, relevant persons.

makes provision in relation to a general customs matter or a customs revenue matter, or

makes provision in relation to the exercise of a customs function.

such incidental, supplementary or consequential provision, or

such transitional or transitory provision or savings,

include incidental, supplementary and consequential provision;

make transitional or transitory provision or savings;

make different provision for different cases or circumstances.

an order under section 2 (power of Secretary of State to modify functions);

an order under section 8 (power of Treasury to modify Director's functions);

regulations under section 16(8) (power to permit disclosure);

an order under section 23 (application of provisions about investigations and detention: England and Wales and Northern Ireland);

an order under section 35 (power to modify enactments);

an order under section 36 (power to make supplementary etc. provision) that amends or repeals primary legislation.

regulations under section 29 (inspections by Her Majesty's Inspectors of Constabulary etc.), or

an order under section 36 that does not amend or repeal primary legislation,

an Act of Parliament,

an Act of the Scottish Parliament,

a Measure or Act of the National Assembly for Wales, or

Northern Ireland legislation.

for “1(2)(d)” substitute “1(2)(f)”, and

for “period there mentioned” substitute “qualifying period”.

omit “or” immediately before paragraph (c), and

after that paragraph insert, or .

omit “and” immediately before paragraph (b), and

after that paragraph insert; and .

whether a person born before the relevant day is a British citizen under section 1(1) of the British Nationality Act 1981 (c. 61),

whether, on an application under section 1(3) or 4(2) of that Act made but not determined before the relevant day, a person is entitled to be registered as a British citizen,

whether, on an application under section 6(1) or (2) of that Act made but not determined before the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2) of that Act, or

whether, in relation to an application under section 1(3) or 6(1) or (2) of that Act made on or after the relevant day, a person was in the United Kingdom “in breach of the immigration laws” at a time before 7 November 2002 (the date of commencement of section 11 of the 2002 Act).

after “means” insert “—”,

the words from “a decision” to the end become paragraph (a), and

after that paragraph insert, or.

after subsection (2) insert—, and

after subsection (7) insert—

after subsection (2) insert—, and

after subsection (7) insert—

in subsection (1), for the “and” at the end of paragraph (a) substitute—, and

after subsection (5) insert—

the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and

any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.

any function of the Secretary of State in relation to immigration, asylum or nationality;

any function conferred by or by virtue of the Immigration Acts on an immigration officer;

any general customs function of the Secretary of State;

any customs function conferred on a designated customs official.

the Director's functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and

any services provided by another person pursuant to arrangements made by the Director in the discharge of such a function are provided having regard to that need.

in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and

in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.

a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and

an individual who— is also to be removed from or required to leave the United Kingdom.

additional functions of the Independent Family Returns Panel,

its status and constitution,

the appointment of its members,

the payment of remuneration and allowances to its members, and

any other matters in connection with its establishment and operation.

England and Wales,

Scotland, and

Northern Ireland.

the amendments made by section 52 (detention at ports in Scotland);

the amendment made by section 54 (trafficking people for exploitation), which extends to England and Wales and Northern Ireland only.

section 50 (restriction on studies) comes into force on the day this Act is passed;

sections 51 (fingerprinting of foreign criminals) and 52 (detention at ports in Scotland) come into force on such day as the Secretary of State may by order appoint.

section 53 (transfer of certain immigration judicial review applications) comes into force on such day as the Lord Chancellor may by order appoint;

sections 54 (trafficking people for exploitation) and 55 (duty regarding the welfare of children) come into force on such day as the Secretary of State may by order appoint.

may appoint different days for different purposes;

may include transitional or incidental provision or savings.

the date of the application is before the date on which those sections come into force in accordance with the order (“the date of commencement”), or

the date of the application is before the end of the period of 24 months beginning with the date of commencement and the application is made by a person who falls within subsection (10) or (11).

the date of which is before the date of commencement, and

which is decided after the date of commencement.

provide that the qualifying period for the purposes of paragraph 1 or 3 of Schedule 1 to the British Nationality Act 1981 includes time before that commencement;

provide for leave to enter or remain in the United Kingdom granted before that commencement to be treated as qualifying temporary residence leave or probationary citizenship leave for the purposes of that Schedule.