Nationality, Immigration and Asylum Act 2002

2002 c. 41

An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.

Enacted[7th November 2002]

^C63Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—^C62^C64^C66

Part 1 Nationality¶

^I11 Naturalisation: knowledge of language and society¶

1 The following shall be inserted after the word “and” after paragraph 1(1)(c) of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation)—

2 In paragraph 2(e) of that Schedule (waiver)—

a for “the requirement specified in paragraph 1(1)(c)” there shall be substituted “ either or both of the requirements specified in paragraph 1(1)(c) and (ca) ”, and

b for “expect him to fulfil it” there shall be substituted “ expect him to fulfil that requirement or those requirements ”.

3 The following shall be inserted after section 41(1)(b) of that Act (regulations)—

4 The following shall be inserted after section 41(1) of that Act—

2 Naturalisation: spouse of citizen¶

1 Paragraphs 3 and 4 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as British citizen: spouse of citizen) shall be amended as follows—

a in paragraph 3(e) for “requirement specified in paragraph 1(1)(b)” substitute “ requirements specified in paragraph 1(1)(b), (c) and (ca) ”, and

b in paragraph 4(c) omit“and (e)”.

2 Paragraphs 7 and 8 of that Schedule (requirements for naturalisation as British overseas territories citizen: spouse of citizen) shall be amended as follows—

a in paragraph 7(e) for “requirement specified in paragraph 5(1)(b)” substitute “ requirements specified in paragraph 5(1)(b) and (c) ”, and

b in paragraph 8(c) omit“and (e)”.

3 Citizenship ceremony, oath and pledge¶

Schedule 1 (which makes provision about citizenship ceremonies, oaths and pledges) shall have effect.

4 Deprivation of citizenship¶

1 The following shall be substituted for section 40 of the British Nationality Act 1981 (deprivation of citizenship)—

40 Deprivation of citizenship

1 In this section a reference to a person’s “citizenship status” is a reference to his status as—

a a British citizen,

b a British overseas territories citizen,

c a British Overseas citizen,

d a British National (Overseas),

e a British protected person, or

f a British subject.

2 The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interests of—

a the United Kingdom, or

b a British overseas territory.

3 The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

a fraud,

b false representation, or

c concealment of a material fact.

4 The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.

5 Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—

a that the Secretary of State has decided to make an order,

b the reasons for the order, and

c the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).

6 Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

a fraud,

b false representation, or

c concealment of a material fact.

40A Deprivation of citizenship: appeal

1 A person who is given notice under section 40(5) of a decision to make an order in respect of him under section 40 may appeal against the decision to an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal).

2 Subsection (1) shall not apply to a decision if the Secretary of State certifies that it 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.

3 A party to an appeal to an adjudicator under subsection (1) may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.

4 A party to an appeal to the Immigration Appeal Tribunal under subsection (3) may bring a further appeal on a point of law—

a where the decision of the adjudicator was made in Scotland, to the Court of Session, or

b in any other case, to the Court of Appeal.

5 An appeal under subsection (4) may be brought only with the permission of—

a the Tribunal, or

b if the Tribunal refuses permission, the court referred to in subsection (4)(a) or (b).

6 An order under section 40 may not be made in respect of a person while an appeal under this section or section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68)—

a has been instituted and has not yet been finally determined, withdrawn or abandoned, or

b could be brought (ignoring any possibility of an appeal out of time with permission).

7 Rules under section 106 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal: rules) may make provision about an appeal under this section.

8 Directions under section 107 of that Act (practice directions) may make provision about an appeal under this section.

2 The following shall be inserted before section 3 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: bail)—

3 In section 5(1)(a) and (b) and (2) of that Act (procedure) after “section 2” there shall be inserted “ or 2B ”.

4 In exercising a power under section 40 of the British Nationality Act 1981 after the commencement of subsection (1) above the Secretary of State may have regard to anything which—

a occurred before commencement, and

b he could have relied on (whether on its own or with other matters) in making an order under section 40 before commencement.

^I25 Resumption of citizenship¶

In the following provisions of the British Nationality Act 1981 (c. 61) the words “, if a woman,” shall cease to have effect—

a section 10(1) and (2)(registration as British citizen following renunciation of citizenship), and

b section 22(1) and (2)(registration as British overseas territories citizen following renunciation of citizenship).

6 Nationality decision: discrimination¶

^F2501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2503 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2495 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Nationality decision: reasons and review¶

1 Section 44(2) and (3) of the British Nationality Act 1981 (c. 61) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.

2 Section 1(5) of the British Nationality (Hong Kong) Act 1990 (c. 34) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.

8 Citizenship: registration¶

In paragraph 3(1)(b) of Schedule 2 to the British Nationality Act 1981 (application by person born in United Kingdom or overseas territory for registration as citizen: age requirement) the words “had attained the age of ten but” shall cease to have effect.

^I39 Legitimacy of child¶

1 The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)—

9 For the purposes of this Act a child’s mother is the woman who gives birth to the child.

9A For the purposes of this Act a child’s father is—

a the husband, at the time of the child’s birth, of the woman who gives birth to the child, or

b where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or

c where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.

9B In subsection (9A)(c) “prescribed” means prescribed by regulations of the Secretary of State; and the regulations—

a may confer a function (which may be a discretionary function) on the Secretary of State or another person,

b may make provision which applies generally or only in specified circumstances,

c may make different provision for different circumstances,

d must be made by statutory instrument, and

e shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9C The expressions “parent”, “child” and “descended” shall be construed in accordance with subsections (9) and (9A).

2 In section 3(6) of that Act (registration of minor as British citizen)—

a after paragraph (a) insert “ and ”,

b the word “and” after paragraph (b) shall cease to have effect, and

c paragraph (c) (illegitimate child) shall cease to have effect.

3 In section 17(6) of that Act (registration of minor as British overseas territories citizen)—

a after paragraph (a) insert “ and ”,

b the word“and” after paragraph (b) shall cease to have effect, and

c paragraph (c)(illegitimate child) shall cease to have effect.

4 Section 47 of that Act (legitimated children) shall cease to have effect.

5 In Schedule 2 to that Act (persons otherwise stateless)—

a in paragraph 1(1)(b) (person born in United Kingdom), the words “he is born legitimate and” shall cease to have effect, and

b in paragraph 2(1)(b) (person born in British overseas territory), the words “he is born legitimate and” shall cease to have effect.

^I410 Right of abode: certificate of entitlement¶

1 The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United Kingdom.

2 The regulations may, in particular—

a specify to whom an application must be made;

b specify the place (which may be outside the United Kingdom) to which an application must be sent;

c provide that an application must be accompanied by specified information;

d provide that an application must be accompanied by specified documents;

e ^F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f specify the consequences of failure to comply with a requirement under any of paragraphs (a) to (d) above;

g provide for a certificate to cease to have effect after a period of time specified in or determined in accordance with the regulations;

h make provision about the revocation of a certificate.

3 The regulations may—

a make provision which applies generally or only in specified cases or circumstances;

b make different provision for different purposes;

c include consequential, incidental or transitional provision.

4 The regulations—

a must be made by statutory instrument, and

b shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5 The Immigration Act 1971 (c. 77) shall be amended as follows—

a in section 3(9)(b) (proof of entitlement to right of abode) the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode” shall cease to have effect, and

b in section 33(1) for the definition of “certificate of entitlement” substitute—

6 Regulations under this section may, in particular, include provision saving, with or without modification, the effect of a certificate which—

a is issued before the regulations come into force, and

b is a certificate of entitlement for the purposes of sections 3(9) and 33(1) of the Immigration Act 1971 as those sections have effect before the commencement of subsection (5) above.

^F7911 Unlawful presence in United Kingdom¶

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

12 British citizenship: registration of certain persons without other citizenship¶

1 The following shall be inserted after section 4A of the British Nationality Act 1981 (c. 61) (registration as British citizen)—

2 In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) for “section 5” there shall be substituted “ section 4B or 5 ”.

13 British citizenship: registration of certain persons born between 1961 and 1983¶

1 The following shall be inserted after section 4B of the British Nationality Act 1981 (registration as British citizen)—

4C Acquisition by registration: certain persons born between 1961 and 1983

1 A person is entitled to be registered as a British citizen if—

a he applies for registration under this section, and

b he satisfies each of the following conditions.

2 The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.

3 The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c. 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.

4 The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.

2 In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) after the words “section 4B” (as substituted by section 12(2) of this Act) there shall be inserted “ , 4C ”.

14 Hong Kong¶

A person may not be registered as a British overseas territories citizen under a provision of the British Nationality Act 1981 (c. 61) by virtue of a connection with Hong Kong.

15 Repeal of spent provisions¶

Schedule 2 (which repeals spent provisions) shall have effect.

^C30Part 2 Accommodation Centres¶

Establishment¶

16 Establishment of centres¶

1 The Secretary of State may arrange for the provision of premises for the accommodation of persons in accordance with this Part.

2 A set of premises provided under this section is referred to in this Act as an “accommodation centre”.

3 The Secretary of State may arrange for—

a the provision of facilities at or near an accommodation centre for sittings of adjudicators appointed for the purpose of Part 5 in accordance with a determination ^F4. . . under paragraph 2 of Schedule 4;

b the provision of facilities at an accommodation centre for the taking of steps in connection with the determination of claims for asylum (within the meaning of section 18(3)).

Use of centres¶

17 Support for destitute asylum-seeker¶

1 The Secretary of State may arrange for the provision of accommodation for a person in an accommodation centre if—

a the person is an asylum-seeker or the dependant of an asylum-seeker, and

b the Secretary of State thinks that the person is destitute or is likely to become destitute within a prescribed period.

2 The Secretary of State may make regulations about procedure to be followed in respect of the provision of accommodation under this section.

3 The regulations may, in particular, make provision—

a specifying procedure to be followed in applying for accommodation in an accommodation centre;

b providing for an application to be combined with an application under or in respect of another enactment;

c requiring an applicant to provide information;

d specifying circumstances in which an application may not be considered (which provision may, in particular, provide for an application not to be considered where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (e));

e about the making of enquiries by the Secretary of State;

f requiring a person to notify the Secretary of State of a change in circumstances.

4 Sections 18 to 20 define the following expressions for the purpose of this Part—

a asylum-seeker,

b dependant, and

c destitute.

^I518 Asylum-seeker: definition¶

1 For the purposes of this Part a person is an “asylum-seeker” if—

a he is at least 18 years old,

b he is in the United Kingdom,

c a claim for asylum has been made by him at a place designated by the Secretary of State,

d the Secretary of State has recorded the claim, and

e the claim has not been determined.

1ZA For the purposes of subsection (1), the circumstances in which a claim is determined include where the claim is declared inadmissible under section 80A or 80B.

1ZB But if a claim is—

a declared inadmissible under section 80B, and

b nevertheless considered by the Secretary of State in accordance subsection (7) of that section,

the claim ceases to be treated as determined from the time of the decision to consider the claim.

2 A person shall continue to be treated as an asylum-seeker despite subsection (1)(e) while—

a his household includes a dependent child who is under 18, and

b he does not have leave to enter or remain in the United Kingdom.

3 A claim for asylum is a claim by a person that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

a the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, or

b Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.

19 Destitution: definition¶

1 Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both—

a adequate accommodation, and

b food and other essential items.

2 Where a person does not have dependants, he is destitute for the purpose of this Part if he does not have and cannot obtain both—

a adequate accommodation, and

b food and other essential items.

3 In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

4 In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State may not have regard to—

a whether a person has an enforceable right to occupy accommodation,

b whether a person shares all or part of accommodation,

c whether accommodation is temporary or permanent,

d the location of accommodation, or

e any other matter prescribed for the purposes of this subsection.

5 The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (1) and (2).

6 The Secretary of State may by regulations—

a provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

b enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

c enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

d enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

e make provision as to the valuation of assets.

20 Dependant: definition¶

For the purposes of this Part a person is a “dependant” of an asylum-seeker if (and only if) that person—

a is in the United Kingdom, and

b is within a prescribed class.

21 Sections 17 to 20: supplementary¶

1 This section applies for the purposes of sections 17 to 20.

2 The Secretary of State may inquire into and decide a person’s age.

3 A claim for asylum shall be treated as determined at the end of such period as may be prescribed beginning with—

a the date on which the Secretary of State notifies the claimant of his decision on the claim or (as the case may be) of the declaration of inadmissibility under section 80A or 80B, or

b if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.

4 A notice under subsection (3)(a)—

a must be in writing, and

b if sent by first class post to the claimant’s last known address or to the claimant’s representative, shall be treated as being received by the claimant on the second day after the day of posting.

5 An appeal is disposed of when it is no longer pending for the purpose of—

a Part 5 of this Act, or

b the Special Immigration Appeals Commission Act 1997 (c. 68).

22 Immigration and Asylum Act 1999, s. 95¶

The Secretary of State may provide support under section 95 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker) by arranging for the provision of accommodation in an accommodation centre.

23 Person subject to United Kingdom entrance control¶

1 A residence condition may include a requirement to reside at an accommodation centre.

2 In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.

3 Where a person is required to reside in an accommodation centre by virtue of subsection (1) the Secretary of State must arrange for the provision of accommodation for the person in an accommodation centre.

4 But if the person is required to leave an accommodation centre by virtue of section 26 or 30 he shall be treated as having broken the residence condition referred to in subsection (1).

5 The Secretary of State may provide support under section 4 of the Immigration and Asylum Act 1999 (persons subject to entrance control) (including that section as amended by section 49 of this Act) by arranging for the provision of accommodation in an accommodation centre.

24 Provisional assistance¶

1 If the Secretary of State thinks that a person may be eligible for the provision of accommodation in an accommodation centre under section 17, he may arrange for the provision for the person, pending a decision about eligibility, of—

a accommodation in an accommodation centre, or

b other support or assistance (of any kind).

2 Section 99 of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authority) shall have effect in relation to the provision of support for persons under subsection (1) above as it has effect in relation to the provision of support for asylum-seekers under sections 95 and 98 of that Act.

25 Length of stay¶

1 The Secretary of State may not arrange for the provision of accommodation for a person in an accommodation centre if he has been a resident of an accommodation centre for a continuous period of six months.

2 But—

a subsection (1) may be disapplied in respect of a person, generally or to a specified extent, by agreement between the Secretary of State and the person, and

b if the Secretary of State thinks it appropriate in relation to a person because of the circumstances of his case, the Secretary of State may direct that subsection (1) shall have effect in relation to the person as if the period specified in that subsection were the period of nine months.

3 Section 51 is subject to this section.

4 The Secretary of State may by order amend subsection (1) or (2)(b) so as to substitute a shorter period for a period specified.

26 Withdrawal of support¶

1 The Secretary of State may stop providing support for a person under section 17 or 24 if—

a the Secretary of State suspects that the person or a dependant of his has committed an offence by virtue of section 35, or

b the person or a dependant of his has failed to comply with directions of the Secretary of State as to the time or manner of travel to accommodation provided under section 17 or 24.

2 The Secretary of State may by regulations specify other circumstances in which he may stop providing support for a person under section 17 or 24.

3 In determining whether or not to provide a person with support or assistance under section 17 or 24 of this Act or section 4, 95 or 98 of the Immigration and Asylum Act 1999 (asylum-seeker) the Secretary of State may take into account the fact that—

a he has withdrawn support from the person by virtue of this section or section 30(4) or (5), or

b circumstances exist which would have enabled the Secretary of State to withdraw support from the person by virtue of this section had he been receiving support.

4 This section is without prejudice to section 103 of the Immigration and Asylum Act 1999 (c. 33) (appeal against refusal to support).

Operation of centres¶

27 Resident of centre¶

A reference in this Part to a resident of an accommodation centre is a reference to a person for whom accommodation in the centre is provided—

a under section 17,

b by virtue of section 22,

c by virtue of section 23, or

d under section 24.

28 Manager of centre¶

A reference in this Part to the manager of an accommodation centre is a reference to a person who agrees with the Secretary of State to be wholly or partly responsible for the management of the centre.

29 Facilities¶

1 The Secretary of State may arrange for the following to be provided to a resident of an accommodation centre—

a food and other essential items;

b money;

c assistance with transport for the purpose of proceedings under the Immigration Acts or in connection with a claim for asylum;

d transport to and from the centre;

e assistance with expenses incurred in connection with carrying out voluntary work or other activities;

f education and training;

g facilities relating to health;

h facilities for religious observance;

i anything which the Secretary of State thinks ought to be provided for the purpose of providing a resident with proper occupation and for the purpose of maintaining good order;

j anything which the Secretary of State thinks ought to be provided for a person because of his exceptional circumstances.

2 The Secretary of State may make regulations specifying the amount or maximum amount of money to be provided under subsection (1)(b).

3 The Secretary of State may arrange for the provision of facilities in an accommodation centre for the use of a person in providing legal advice to a resident of the centre.

4 The Secretary of State shall take reasonable steps to ensure that a resident of an accommodation centre has an opportunity to obtain legal advice before any appointment made by an immigration officer or an official of the Secretary of State for the purpose of obtaining information from the resident to be used in determining his claim for asylum.

5 The Secretary of State may by order amend subsection (1) so as to add a reference to facilities which may be provided.

30 Conditions of residence¶

1 The Secretary of State may make regulations about conditions to be observed by residents of an accommodation centre.

2 Regulations under subsection (1) may, in particular, enable a condition to be imposed in accordance with the regulations by—

a the Secretary of State, or

b the manager of an accommodation centre.

3 A condition imposed by virtue of this section may, in particular—

a require a person not to be absent from the centre during specified hours without the permission of the Secretary of State or the manager;

b require a person to report to an immigration officer or the Secretary of State.

4 If a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—

a require the resident and any dependant of his to leave the centre;

b authorise the manager of the centre to require the resident and any dependant of his to leave the centre.

5 If a dependant of a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—

a require the resident and any dependant of his to leave the centre;

b authorise the manager of the centre to require the resident and any dependant of his to leave the centre.

6 Regulations under this section must include provision for ensuring that a person subject to a condition is notified of the condition in writing.

7 A condition imposed by virtue of this section is in addition to any condition imposed under Schedule 10 to the Immigration Act 2016.

8 A reference in this Part to a condition of residence is a reference to a condition imposed by virtue of this section.

31 Financial contribution by resident¶

1 A condition of residence may, in particular, require a resident of an accommodation centre to make payments to—

a the Secretary of State, or

b the manager of the centre.

2 The Secretary of State may make regulations enabling him to recover sums representing the whole or part of the value of accommodation and other facilities provided to a resident of an accommodation centre if—

a accommodation is provided for the resident in response to an application by him for support,

b when the application was made the applicant had assets which were not capable of being realised, and

c the assets have become realisable.

3 In subsection (2) “assets” includes assets outside the United Kingdom.

4 An amount recoverable by virtue of regulations made under subsection (2) may be recovered—

a as a debt due to the Secretary of State;

b by another prescribed method (which may include the imposition or variation of a residence condition).

32 Tenure¶

1 A resident of an accommodation centre shall not be treated as acquiring a tenancy of or other interest in any part of the centre (whether by virtue of an agreement between the resident and another person or otherwise).

2 Subsection (3) applies where—

a the Secretary of State decides to stop arranging for the provision of accommodation in an accommodation centre for a resident of the centre, or

b a resident of an accommodation centre is required to leave the centre in accordance with section 30.

3 Where this subsection applies—

a the Secretary of State or the manager of the centre may recover possession of the premises occupied by the resident, and

b the right under paragraph (a) shall be enforceable in accordance with procedure prescribed by regulations made by the Secretary of State.

4 Any licence which a resident of an accommodation centre has to occupy premises in the centre shall be an excluded licence for the purposes of the Protection from Eviction Act 1977 (c. 43).

5 The following shall be inserted after section 3A(7A) of the Protection from Eviction Act 1977 (disapplication of section 3: Part VI of Immigration and Asylum Act 1999 (c. 33))—

6 The following shall be inserted after section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights)—

7 In this section a reference to an accommodation centre includes a reference to premises in which accommodation is provided under section 24(1)(b).

33 Advisory Groups¶

1 The Secretary of State shall appoint a group (to be known as an Accommodation Centre Advisory Group) for each accommodation centre.

2 The Secretary of State may by regulations—

a confer functions on Advisory Groups;

b make provision about the constitution and proceedings of Advisory Groups.

3 Regulations under subsection (2)(a) must, in particular, provide for members of an accommodation centre’s Advisory Group—

a to visit the centre;

b to hear complaints made by residents of the centre;

c to report to the Secretary of State.

4 The manager of an accommodation centre must permit a member of the centre’s Advisory Group on request—

a to visit the centre at any time;

b to visit any resident of the centre at any time, provided that the resident consents.

5 A member of an Advisory Group shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).

6 The Secretary of State may—

a defray expenses of members of an Advisory Group;

b make facilities available to members of an Advisory Group.

General¶

^F7034 The Monitor of Accommodation Centres¶

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

^I635 Ancillary provisions¶

1 The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall apply for the purposes of this Part as they apply for the purposes of Part VI of that Act (support for asylum-seeker)—

a section 105 (false representation),

b section 106 (dishonest representation),

c section 107 (delay or obstruction),

d section 108 (failure of sponsor to maintain),

e section 109 (offence committed by body),

f section 112 (recovery of expenditure),

g section 113 (recovery of expenditure from sponsor),

h section 124 (corporation sole), and

i section 127 (redirection of post).

2 In the application of section 112 a reference to something done under section 95 or 98 of that Act shall be treated as a reference to something done under section 17 or 24 of this Act.

3 In the application of section 113 a reference to section 95 of that Act shall be treated as a reference to section 17 of this Act.

36 Education: general¶

1 For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of local authority) a resident of an accommodation centre shall not be treated as part of the population of a local authority area.

2 A child who is a resident of an accommodation centre may not be admitted to a maintained school or a maintained nursery (subject to section 37).

3 But subsection (2) does not prevent a child’s admission to a school which is—

a a community special school or a foundation special school, and

b named in an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or a statement in respect of the child under section 324 of the Education Act 1996 (c. 56) (special educational needs) an individual development plan maintained for the child under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

4 In subsections (2) and (3)—

a “maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31) (definition), and

b “maintained nursery” means a facility for nursery education, within the meaning of section 117 of that Act, provided by a local authority.

5 The following shall not apply in relation to a child who is a resident of an accommodation centre (subject to section 37)—

a section 86(1) and (2) of the School Standards and Framework Act 1998 (parental preference),

b section 94 of that Act (appeal),

c section 19 or 19A of the Education Act 1996 (education out of school),

d section 316(2) and (3) of that Act (child with special educational needs to be educated in mainstream school), ^F256...

e paragraphs 3 and 8 of Schedule 27 to that Act (special education needs: making of statement: parental preference).

f sections 33 and 34 of the Children and Families Act 2014 (mainstream education for children with special educational needs), and

g sections 38 and 39 of that Act (EHC plan: request of parent for named school etc). , and

h section 51 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (duty to favour education for children at mainstream maintained schools).

5A The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.

6 The power of ^F251... the Special Educational Needs Tribunal for Wales under section 326(3) of the Education Act 1996 (appeal against content of statement) is subject to subsection (2) above.The power of the Education Tribunal for Wales under section 71(1) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (decisions on appeals under section 70) is subject to subsection (2) above.

7 A person exercising a function under this Act , Part 3 of the Children and Families Act 2014 , Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or the Education Act 1996 shall (subject to section 37) secure that a child who is a resident of an accommodation centre and who has special educational needs or additional learning needs shall be educated by way of facilities provided under section 29(1)(f) of this Act unless that is incompatible with—

a his receiving the special educational provision called for by his special educational needs or which his learning difficulty calls for,

aa the child receiving the additional learning provision called for by the child’s additional learning needs,

b the provision of efficient education for other children who are residents of the centre, or

c the efficient use of resources.

8 A person may rely on subsection (7)(b) only where there is no action—

a which could reasonably be taken by that person or by another person who exercises functions, or could exercise functions, in respect of the accommodation centre concerned, and

b as a result of which subsection (7)(b) would not apply.

9 An accommodation centre is not a school within the meaning of section 4 of the Education Act 1996 (definition); but—

a Part 1 of the Education Act 2005 (school inspections) shall apply to educational facilities provided at an accommodation centre as if the centre were a school (for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre),

aa section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,

b section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) shall have effect as if—

i an accommodation centre were a relevant school for the purposes of that section,

ii a child for whom education is provided at an accommodation centre under section 29(1)(f) were a registered pupil at the centre, and

iii a reference in section 329A to the responsible body in relation to an accommodation centre were a reference to any person providing education at the centre under section 29(1)(f), and

the person responsible for education at an accommodation centre may refer a case to a local authority under section 12(2)(a) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 as though—

i a child for whom education is provided at the centre under section 29(1)(f) were a child who is a registered pupil at a school, and

ii that person were the governing body of the school.

c section 140 of the Learning and Skills Act 2000 (c. 21) (learning difficulties: assessment of post-16 needs) shall have effect as if an accommodation centre were a school.

10 Subsections (1), (2) and (5) shall not apply in relation to an accommodation centre if education is not provided for children who are residents of the centre under section 29(1)(f).

11 An expression used in this section and in the Education Act 1996 (c. 56) shall have the same meaning in this section as in that Act.

37 Education: special cases¶

1 This section applies to a child if a person who provides education to residents of an accommodation centre recommends in writing to the local authority for the area in which the centre is that this section should apply to the child on the grounds that his special circumstances call for provision that can only or best be arranged by the authority.

2 A local authority may—

a arrange for the provision of education for a child to whom this section applies;

b disapply a provision of section 36 in respect of a child to whom this section applies.

3 In determining whether to exercise a power under subsection (2) in respect of a child a local authority shall have regard to any relevant guidance issued by the Secretary of State.

4 The governing body of a maintained school shall comply with a requirement of the local authority to admit to the school a child to whom this section applies.

5 Subsection (4) shall not apply where compliance with a requirement would prejudice measures taken for the purpose of complying with a duty arising under section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limit on infant class size).

6 A local authority may not impose a requirement under subsection (4) in respect of a school unless the authority has consulted the school in accordance with regulations made by the Secretary of State.

7 In the case of a maintained school for which the local authority are the admission authority, the authority may not arrange for the admission of a child to whom this section applies unless the authority has notified the school in accordance with regulations made by the Secretary of State.

8 In this section—

a “maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (definition), and

b an expression which is also used in the Education Act 1996 (c. 56) shall have the same meaning as it has in that Act.

38 Local authority¶

1 A local authority may in accordance with arrangements made by the Secretary of State—

a assist in arranging for the provision of an accommodation centre;

b make premises available for an accommodation centre;

c provide services in connection with an accommodation centre.

2 In particular, a local authority may—

a incur reasonable expenditure;

b provide services outside its area;

c provide services jointly with another body;

d form a company;

e tender for or enter into a contract;

f do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

3 In this section “local authority” means—

a a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

b a Northern Ireland authority within the meaning of section 110 of that Act and an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/ 594 (N.I. 3)).

39 “Prescribed”: orders and regulations¶

1 In this Part “prescribed” means prescribed by the Secretary of State by order or regulations.

2 An order or regulations under this Part may—

a make provision which applies generally or only in specified cases or circumstances (which may be determined wholly or partly by reference to location);

b make different provision for different cases or circumstances;

c include consequential, transitional or incidental provision.

3 An order or regulations under this Part must be made by statutory instrument.

4 An order or regulations under any of the following provisions of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament—

a section 17,

b section 19,

c section 20,

d section 21,

e section 26,

f section 29,

g section 31,

h section 32,

i section 33,

j section 37,

k section 40, and

l section 41.

5 An order under section 25 or regulations under section 30 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

^I740 Scotland¶

1 The Secretary of State may not make arrangements under section 16 for the provision of premises in Scotland unless he has consulted the Scottish Ministers.

2 The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Scotland.

3 An order under subsection (2) may, in particular—

a apply, disapply or modify the effect of an enactment (which may include a provision made by or under an Act of the Scottish Parliament);

b make provision having an effect similar to the effect of a provision of section 36 or 37.

^I841 Northern Ireland¶

1 The Secretary of State may not make arrangements under section 16 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.

2 The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.

3 An order under subsection (2) may, in particular—

a apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);

b make provision having an effect similar to the effect of a provision of section 36 or 37.

42 Wales¶

The Secretary of State may not make arrangements under section 16 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.

Part 3 Other Support and Assistance¶

43 Asylum-seeker: form of support¶

1 The Secretary of State may make an order restricting the application of section 96(1)(b) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: essential living needs)—

a in all circumstances, to cases in which support is being provided under section 96(1)(a) (accommodation), or

b in specified circumstances only, to cases in which support is being provided under section 96(1)(a).

2 An order under subsection (1)(b) may, in particular, make provision by reference to—

a location;

b the date of an application.

3 An order under subsection (1) may include transitional provision.

4 An order under subsection (1)—

a must be made by statutory instrument, and

b may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

44 Destitute asylum-seeker¶

1 Section 94 of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker) shall be amended as follows.

2 In subsection (1) for the definition of “asylum-seeker” substitute—

3 In subsection (1) for the definition of “dependant” substitute—

4 For subsection (3) substitute—

5 Omit subsections (5) and (6).

6 The following shall be substituted for section 95(2) to (8) of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker: interpretation)—

2 Where a person has dependants, he and his dependants are destitute for the purpose of this section if they do not have and cannot obtain both—

a adequate accommodation, and

b food and other essential items.

3 Where a person does not have dependants, he is destitute for the purpose of this section if he does not have and cannot obtain both—

a adequate accommodation, and

b food and other essential items.

4 In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

5 In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State may not have regard to—

a whether a person has an enforceable right to occupy accommodation,

b whether a person shares all or part of accommodation,

c whether accommodation is temporary or permanent,

d the location of accommodation, or

e any other matter prescribed for the purposes of this subsection.

6 The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (2) and (3).

7 The Secretary of State may by regulations—

a provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

b enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

e make provision as to the valuation of assets.

45 Section 44: supplemental¶

1 The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (ways of providing support)—

2 In section 97 of the Immigration and Asylum Act 1999 (c. 33) (support: supplemental)—

a in subsection (4) for “essential living needs” there shall be substituted “ food and other essential items ”,

b in subsection (5) for “essential living needs” there shall be substituted “ food and other essential items ”, and

c in subsection (6) for “living needs” there shall be substituted “ items ”.

3 Paragraphs 2 and 6 of Schedule 8 to the Immigration and Asylum Act 1999 (support: regulations) shall cease to have effect.

4 In paragraph 3 of Schedule 9 to the Immigration and Asylum Act 1999 (support: interim provision)—

a for “Subsections (3) to (8) of section 95” substitute “ Subsections (2) to (6) of section 95 ”, and

b for “subsections (5) and (7)” substitute “ subsections (4) and (5) ”.

5 The following shall be substituted for section 21(1B) of the National Assistance Act 1948 (c. 29) (duty of local authority to provide accommodation: exclusion of destitute asylum-seeker: interpretation)—

6 The following shall be substituted for section 45(4B) of the Health Services and Public Health Act 1968 (c. 46) (local authority promotion of welfare of elderly: exclusion of destitute asylum-seeker: interpretation)—

7 The following shall be substituted for paragraph 2(2B) of Schedule 8 to the National Health Service Act 1977 (c. 49) (local authority arrangements for prevention and care: exclusion of asylum-seeker: interpretation)—

46 Section 44: supplemental: Scotland and Northern Ireland¶

1 The following shall be substituted for section 12(2B) of the Social Work (Scotland) Act 1968 (c. 49)(general social welfare services of local authorities – exclusion of destitute asylum seeker: interpretation)—

2 The following shall be substituted for section 13A(5) of that Act (provision of residential accommodation with nursing – exclusion of destitute asylum seeker: interpretation)—

3 The following shall be substituted for section 13B(4) of that Act (provision of care and after-care – exclusion of destitute asylum seeker: interpretation)—

4 The following shall be substituted for article 14(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (mental health services provided by local authorities)–

6 The following shall be substituted for Article 7(3A) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, care and after-care: exclusion of asylum-seeker: interpretation)—

7 The following shall be substituted for Article 15(7) of that Order (general social welfare: exclusion of destitute asylum-seeker: interpretation)—

47 Asylum-seeker: family with children¶

The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker with child: duty to support)—

122 Family with children

1 This section applies where a person (“the asylum-seeker”) applies for support under section 95 of this Act or section 17 of the Nationality, Immigration and Asylum Act 2002 (accommodation centres) if—

a the Secretary of State thinks that the asylum-seeker is eligible for support under either or both of those sections, and

b the asylum-seeker’s household includes a dependant child who is under 18.

2 The Secretary of State must offer the provision of support for the child, as part of the asylum-seeker’s household, under one of the sections mentioned in subsection (1).

3 A local authority (or, in Northern Ireland, an authority) may not provide assistance for a child if—

a the Secretary of State is providing support for the child in accordance with an offer under subsection (2),

b an offer by the Secretary of State under subsection (2) remains open in respect of the child, or

c the Secretary of State has agreed that he would make an offer in respect of the child under subsection (2) if an application were made as described in subsection (1).

4 In subsection (3) “assistance” means assistance under—

a section 17 of the Children Act 1989 (c. 41) (local authority support),

b section 22 of the Children (Scotland) Act 1995 (c. 36) (similar provision for Scotland), or

c Article 18 of the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)) (similar provision for Northern Ireland).

5 The Secretary of State may by order disapply subsection (3) in specified circumstances.

6 Where subsection (3) ceases to apply to a child because the Secretary of State stops providing support, no local authority may provide assistance for the child except the authority for the area within which the support was provided.

48 Young asylum-seeker¶

The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall have effect as if the definition of asylum-seeker in section 94(1) of that Act did not exclude persons who are under 18—

a section 110 (local authority expenditure on asylum-seekers), and

b section 111 (grants to voluntary organisations).

49 Failed asylum-seeker¶

1 The following shall be added at the end of section 4 of the Immigration and Asylum Act 1999 (accommodation for person on temporary admission or release)—

2 The present section 4 of the Immigration and Asylum Act 1999 (c. 33) becomes subsection (1) (and its heading becomes “ Accommodation ”).

50 Conditions of support¶

1 The following shall be inserted after section 95(9) of the Immigration and Asylum Act 1999 (support for asylum-seeker: condition)—

2 The following shall be inserted after paragraph 6 of Schedule 9 to that Act (asylum-seeker: interim support)—

51 Choice of form of support¶

1 The Secretary of State may refuse to provide support for a person under a provision specified in subsection (2) on the grounds that an offer has been made to the person of support under another provision specified in that subsection.

2 The provisions are—

a sections 17 and 24 of this Act,

b section 4 of the Immigration and Asylum Act 1999 (accommodation for person temporarily admitted or released from detention), and

c sections 95 and 98 of that Act (support for destitute asylum-seeker).

3 In deciding under which of the provisions listed in subsection (2) to offer support to a person the Secretary of State may—

a have regard to administrative or other matters which do not concern the person’s personal circumstances;

b regard one of those matters as conclusive;

c apply different criteria to different persons for administrative reasons (which may include the importance of testing the operation of a particular provision).

52 Back-dating of benefit for refugee¶

^F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53 Asylum-seeker: appeal against refusal to support¶

The following shall be substituted for section 103 of the Immigration and Asylum Act 1999 (asylum support appeal)—

103 Appeals: general

1 This section applies where a person has applied for support under—

a section 95,

b section 17 of the Nationality, Immigration and Asylum Act 2002, or

c both.

2 The person may appeal to an adjudicator against a decision that the person is not qualified to receive the support for which he has applied.

3 The person may also appeal to an adjudicator against a decision to stop providing support under a provision mentioned in subsection (1).

4 But subsection (3) does not apply—

a to a decision to stop providing support under one of the provisions mentioned in subsection (1) if it is to be replaced immediately by support under the other provision, or

b to a decision taken on the ground that the person is no longer an asylum-seeker or the dependant of an asylum-seeker.

5 On an appeal under this section an adjudicator may—

a require the Secretary of State to reconsider a matter;

b substitute his decision for the decision against which the appeal is brought;

c dismiss the appeal.

6 An adjudicator must give his reasons in writing.

7 If an appeal under this section is dismissed the Secretary of State shall not consider any further application by the appellant for support under a provision mentioned in subsection (1)(a) or (b) unless the Secretary of State thinks there has been a material change in circumstances.

8 An appeal under this section may not be brought or continued by a person who is outside the United Kingdom.

103A Appeals: location of support under section 95

1 The Secretary of State may by regulations provide for a decision as to where support provided under section 95 is to be provided to be appealable to an adjudicator under this Part.

2 Regulations under this section may provide for a provision of section 103 to have effect in relation to an appeal under the regulations with specified modifications.

103B Appeals: travelling expenses

The Secretary of State may pay reasonable travelling expenses incurred by an appellant in connection with attendance for the purposes of an appeal under or by virtue of section 103 or 103A.

^I954 Withholding and withdrawal of support¶

Schedule 3 (which makes provision for support to be withheld or withdrawn in certain circumstances) shall have effect.

55 Late claim for asylum: refusal of support¶

1 The Secretary of State may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (2) if—

a the person makes a claim for asylum which is recorded by the Secretary of State, and

^C1b the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.

2 The provisions are—

a sections 4, 95 and 98 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker, &c.), and

b sections 17 and 24 of this Act (accommodation centre).

3 An authority may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (4) if—

a the person has made a claim for asylum, and

b the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.

4 The provisions are—

a section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (accommodation pending review),

b section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal), ^F111...

^F309c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

d section 1 of the Localism Act 2011 (local authority’s general power of competence)

5 This section shall not prevent—

a the exercise of a power by the Secretary of State to the extent necessary for the purpose of avoiding a breach of a person’s Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)),

b the provision of support under section 95 of the Immigration and Asylum Act 1999 (c. 33) or section 17 of this Act in accordance with section 122 of that Act (children), or

c the provision of support under section 98 of the Immigration and Asylum Act 1999 or section 24 of this Act (provisional support) to a person under the age of 18 and the household of which he forms part.

6 An authority which proposes to provide or arrange for the provision of support to a person under a provision mentioned in subsection (4)—

a must inform the Secretary of State if the authority believes that the person has made a claim for asylum,

b must act in accordance with any guidance issued by the Secretary of State to determine whether subsection (3) applies, and

c shall not be prohibited from providing or arranging for the provision of support if the authority has complied with paragraph (a) and (b) and concluded that subsection (3) does not apply.

7 The Secretary of State may by order—

a add, remove or amend an entry in the list in subsection (4);

b provide for subsection (3) not to have effect in specified cases or circumstances.

8 An order under subsection (7)—

a may include transitional, consequential or incidental provision,

b must be made by statutory instrument, and

c may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

9 For the purposes of this section “claim for asylum” has the same meaning as in section 18.

10 A decision of the Secretary of State that this section prevents him from providing or arranging for the provision of support to a person is not a decision that the person does not qualify for support for the purpose of section 103 of the Immigration and Asylum Act 1999 (appeals).

11 This section does not prevent a person’s compliance with a residence restriction imposed in reliance on section 70 (induction).

56 Provision of support by local authority¶

1 Section 99 of the Immigration and Asylum Act 1999 (provision of support by local authority) shall be amended as follows.

2 In subsection (1)—

a after “local authority” insert “ or Northern Ireland authority ”, and

b at the end add “ or 98 ”.

3 For subsections (2) and (3) substitute—

4 In subsection (4)—

a for “A local authority” substitute “ An authority ”, and

b at the end add “ or 98 ”.

5 In subsection (5)—

a for “a local authority” substitute “ an authority ”, and

b in paragraph (b) for “bodies who are not local authorities” substitute “ other bodies ”.

57 Application for support: false or incomplete information¶

At the end of paragraph 12(c) of Schedule 8 to the Immigration and Asylum Act 1999 (c. 33) (asylum-seeker support: procedure: disregarding of application) there shall be inserted “ (which may, in particular, provide for an application not to be entertained where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (d)) ”.

58 Voluntary departure from United Kingdom¶

1 A person is a “voluntary leaver” for the purposes of this section if—

a he is not a British citizen ^F277...,

b he leaves the United Kingdom for a place where he hopes to take up permanent residence (his “new place of residence”), and

c the Secretary of State thinks that it is in the person’s interest to leave the United Kingdom and that the person wishes to leave.

2 The Secretary of State may make arrangements to—

a assist voluntary leavers;

b assist individuals to decide whether to become voluntary leavers.

3 The Secretary of State may, in particular, make payments (whether to voluntary leavers or to organisations providing services for them) which relate to—

a travelling and other expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, in leaving the United Kingdom;

b expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, on or shortly after arrival in his new place of residence;

c the provision of services designed to assist a voluntary leaver, or a member of his family or household, to settle in his new place of residence;

d expenses in connection with a journey undertaken by a person (with or without his family or household) to prepare for, or to assess the possibility of, his becoming a voluntary leaver.

^F2784 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 The following provisions of the Immigration Act 1971 (c. 77) shall cease to have effect—

a section 29 (contributions to expenses of persons returning abroad), and

b section 31(d) (expenses).

59 International projects¶

1 The Secretary of State may participate in a project which is designed to—

a reduce migration,

b assist or ensure the return of migrants,

c facilitate co-operation between States in matters relating to migration,

d conduct or consider research about migration, or

e arrange or assist the settlement of migrants (whether in the United Kingdom or elsewhere).

2 In particular, the Secretary of State may—

a provide financial support to an international organisation which arranges or participates in a project of a kind described in subsection (1);

b provide financial support to an organisation in the United Kingdom or another country which arranges or participates in a project of that kind;

c provide or arrange for the provision of financial or other assistance to a migrant who participates in a project of that kind;

d participate in financial or other arrangements which are agreed between Her Majesty’s Government and the government of one or more other countries and which are or form part of a project of that kind.

3 In this section—

a “migrant” means a person who leaves the country where he lives hoping to settle in another country (whether or not he is a refugee within the meaning of any international Convention), and

b “migration” shall be construed accordingly.

4 Subsection (1) does not—

a confer a power to remove a person from the United Kingdom, or

b affect a person’s right to enter or remain in the United Kingdom.

60 Northern Ireland authorities¶

1 In section 110(9) of the Immigration and Asylum Act 1999 (c. 33) (support: payment to local authority: Northern Ireland authority) after paragraph (b) there shall be added—

2 In section 94(1) of that Act (support: interpretation) after the definition of “local authority” there shall be inserted—

61 Repeal of spent provisions¶

The following provisions of the Immigration and Asylum Act 1999 shall cease to have effect—

a section 96(4) to (6)(which relate to a provision about support for asylum-seekers which has been repealed by order), and

b section 166(4)(e)(order under section 96(5): procedure).

Part 4 Detention and Removal¶

Detention¶

62 Detention by Secretary of State¶

1 A person may be detained under the authority of the Secretary of State pending—

a a decision by the Secretary of State whether to give directions in respect of the person under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal), or

b removal of the person from the United Kingdom in pursuance of directions given by the Secretary of State under any of those provisions.

2 Where the Secretary of State is empowered under section 3A of the Immigration Act 1971 (powers of Secretary of State) to examine a person or to give or refuse a person leave to enter the United Kingdom, the person may be detained under the authority of the Secretary of State pending—

a the person’s examination by the Secretary of State,

b the Secretary of State’s decision to give or refuse the person leave to enter,

c a decision by the Secretary of State whether to give directions in respect of the person under paragraph 8 or 9 of Schedule 2 to that Act (removal), or

d removal of the person in pursuance of directions given by the Secretary of State under either of those paragraphs.

2N A person liable to be detained under this section may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision to be made, the removal or examination to be carried out, or the directions to be given.

2O Subsections (1) and (2) apply regardless of whether there is anything that for the time being prevents the decision from being made, the removal or examination from being carried out, or the directions from being given.

2P Subsections (2N) and (2O) are subject to—

a paragraph 18B of Schedule 2 to the Immigration Act 1971 (limitation on detention of unaccompanied children), as applied by subsection (3);

^F373b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c subsection (7A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).

2Q Subsection (2R) applies if, while a person is detained under this section, the Secretary of State no longer considers that the decision will be made, the removal or examination will be carried out, or the directions will be given within a reasonable period of time.

2R The person may be detained under this section for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.

3 A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule , other than paragraph 17A, shall apply to a person who is detained or liable to detention under this section: and for that purpose—

a a reference to paragraph 16 of that Schedule shall be taken to include a reference to this section,

aa a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,

^F263b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

c a reference to detention under that Schedule or under a provision or Part of that Schedule shall be taken to include a reference to detention under this section.

^F2644 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1715 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1716 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 A power under this section which is exercisable pending a decision of a particular kind by the Secretary of State is exercisable where the Secretary of State has reasonable grounds to suspect that he may make a decision of that kind.

7A The detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

8 At the end of section 11(1) of the Immigration Act 1971 (c. 77) (person not deemed to have entered United Kingdom while detained, &c.) there shall be inserted “or section 62 of the Nationality, Immigration and Asylum Act 2002”.

9 In section 24(1)(e) of the Immigration Act 1971 (offence: failure to comply with restriction) for “or to an immigration officer” there shall be substituted “, to an immigration officer or to the Secretary of State”.

10 In the Mental Health Act 1983 (c. 20)—

a at the end of section 48(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and

b in the heading of section 53 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

11 In the Mental Health (Scotland) Act 1984 (c. 36)—

a at the end of section 71(2)(c) (detained persons who may be transferred to hospital for mental treatment) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”, and

b at the end of section 74(1)(b) (further provision about such persons) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”.

12 In the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))—

a at the end of Article 54(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and

b in the heading of Article 59 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

13 Section 53 of the Immigration and Asylum Act 1999 (c. 33) (bail) shall be amended as follows—

a at the end of subsection (1) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”, and

b at the end of subsection (3)(a) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”.

14 In section 147 of that Act (detention centres: interpretation) at the end of the definition of “detained persons” there shall be inserted “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);”.

^F915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F916 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63 Control of entry to United Kingdom, &c.: use of force¶

In paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: person liable to detention: use of force) for “if need be by force” there shall be substituted “ if need be by reasonable force ”.

64 Escorts¶

The following shall be added after paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (detention for examination or removal: right to enter premises)—

65 Detention centres: custodial functions¶

1 The following shall be substituted for section 154(5) of the Immigration and Asylum Act 1999 (power to confer functions of detainee custody officers on prison officers and prisoner custody officers)—

2 The following shall be added at the end of Schedule 11 to that Act (detainee custody officers)—

3 The following shall be added at the end of Schedule 12 to that Act (discipline at detention centre)—

66 Detention centres: change of name¶

1 In section 147 of the Immigration and Asylum Act 1999 (c. 33) (Part VIII: interpretation)—

a the definition of “detention centre” shall cease to have effect, and

b the following shall be inserted after the definition of “prisoner custody officer”—

2 In the provisions listed in subsection (3) (and any relevant headings)—

a for the words “detention centre” there shall be substituted the words “ removal centre ”, and

b for the words “detention centres” there shall be substituted the words “ removal centres ”.

3 The provisions are—

a in section 147 of the Immigration and Asylum Act 1999 (Part VIII: interpretation), the definitions of “contracted out detention centre”, “contractor”, “custodial functions”, “detention centre contract”, “detention centre rules”, and “directly managed detention centre”,

b section 148 of that Act (management of centre),

c sections 149 and 150 of that Act (contracting out),

d section 151 of that Act (intervention by Secretary of State),

e section 152 of that Act (visiting committee),

f section 153 of that Act (rules),

g section 155 of that Act (custodial functions),

h section 157 of that Act (short-term holding facility),

i section 158 of that Act (disclosure of information),

j section 159 of that Act (power of constable),

k Schedule 11 to that Act (detainee custody officer),

l Schedule 12 to that Act (procedure at detention centre),

m Schedule 13 to that Act (escort),

n section 141(5)(e) and (6) of that Act (fingerprinting),

o section 5A(5A) of the Prison Act 1952 (c. 52) (Chief Inspector of Prisons), and

p paragraph 13 of Schedule 4A to the Water Industry Act 1991 (c. 56) (disconnection).

4 A reference in an enactment or instrument to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) shall be construed as a reference to a removal centre within the meaning of that Part.

67 Construction of reference to person liable to detention¶

1 This section applies to the construction of a provision which—

a does not confer power to detain a person, but

b refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.

2 The reference shall be taken to include a person if the only reason why he cannot be detained under the provision is that—

a he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom’s obligations under an international agreement,

b practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or

c practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.

3 This section shall be treated as always having had effect.

Temporary release¶

^F26568 Bail¶

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

^F26569 Reporting restriction: travel expenses¶

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

70 Induction¶

1 A residence condition may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if—

a it requires him to reside at a specified location for a period not exceeding 14 days, and

b the person imposing the residence condition believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.

2 In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.

3 In this section—

“asylum-seeker” has the meaning given by section 18 of this Act but disregarding section 18(1)(a),
“dependant of an asylum-seeker” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of an asylum-seeker, and
“programme of induction” means education about the nature of the asylum process.

4 Regulations under subsection (3)—

a may make different provision for different circumstances,

b must be made by statutory instrument, and

c shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5 Subsection (6) applies where the Secretary of State arranges for the provision of a programme of induction (whether or not he also provides other facilities to persons attending the programme and whether or not all the persons attending the programme are subject to residence conditions).

6 A local authority may arrange for or participate in the provision of the programme or other facilities.

7 In particular, a local authority may—

a incur reasonable expenditure;

b provide services outside its area;

c provide services jointly with another body;

d form a company;

e tender for or enter into a contract;

f do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

8 In this section “local authority” means—

a a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

b a Northern Ireland authority within the meaning of section 110 of that Act.

71 Asylum-seeker: residence, &c. restriction¶

1 This section applies to—

a a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and

b a dependant of a person within paragraph (a).

2 The Secretary of State or an immigration officer may impose on a person to whom this section applies any condition which may be imposed under Schedule 10 to the Immigration Act 2016 on a person liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971.

3 Where a condition is imposed on a person under subsection (2)—

a the condition shall be treated for all purposes as a condition imposed under Schedule 10 to the Immigration Act 2016, and

b if the person fails to comply with the condition he shall be liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971.

4 A condition imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.

5 In this section—

“asylum-seeker” has the same meaning as in section 70,
“claim for asylum” has the same meaning as in section 18, and
“dependant” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.

6 Regulations under subsection (5)—

a may make different provision for different circumstances,

b must be made by statutory instrument, and

c shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Removal¶

^I10^C4672 Serious criminal¶

1 This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from prohibition of expulsion or return).

2 A person is convicted by a final judgment of a particularly serious crime ^F314... if he is—

a convicted in the United Kingdom of an offence, and

b sentenced to a period of imprisonment of at least 12 months.

3 A person is convicted by a final judgment of a particularly serious crime ^F317... if—

a he is convicted outside the United Kingdom of an offence,

b he is sentenced to a period of imprisonment of at least 12 months, and

c he could have been sentenced to a period of imprisonment of at least 12 months had his conviction been a conviction in the United Kingdom of a similar offence.

4 A person is convicted by a final judgment of a particularly serious crime ^F321... if—

a he is convicted of an offence specified by order of the Secretary of State, or

b he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).

5 An order under subsection (4)—

a must be made by statutory instrument, and

b shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5ZA A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—

a the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and

b the person is not, by virtue of the conviction, a person falling within subsection (2).

5ZB A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—

a the person is convicted outside the United Kingdom of an offence,

b the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and

c the person is not, by virtue of the conviction, a person falling within subsection (3).

5A A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.

5B A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.

6 A presumption under subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B) that a person constitutes a danger to the community is rebuttable by that person.

7 A presumption under subsection (5ZA), (5ZB), (5A) or (5B) does not apply while an appeal against conviction or sentence—

a is pending, or

b could be brought (disregarding the possibility of appeal out of time with leave).

8 Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption under subsection (5A) or (5B) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.

9 Subsection (10) applies where—

a a person appeals under section 82 ^F209... of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) wholly or partly on the ground mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and

b the Secretary of State issues a certificate that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies to the person (subject to rebuttal).

10 The ^F10. . . Tribunal or Commission hearing the appeal—

^C2a must begin substantive deliberation on the appeal by considering the certificate, and

b if in agreement that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).

10A Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.

11 For the purposes of this section—

a “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

b a reference to a person who is sentenced to a period of imprisonment of at least 12 months —

i does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect),

ia does not include a reference to a person who is sentenced to a period of imprisonment of at least 12 months only by virtue of being sentenced to consecutive sentences which amount in aggregate to more than 12 months,

ii includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), and

iii includes a reference to a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period (provided that it may last for 12 months).

73 Family¶

1 The following shall be inserted after paragraph 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal)—

^F2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 In paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: detention) for the words “8 to 10” there shall be substituted “ 8 to 10A ”.

^F20574 Deception¶

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

75 Exemption from deportation¶

1 Section 7 of the Immigration Act 1971 (existing residents exempt from deportation) shall be amended as follows.

2 Subsection (1)(a) (which is redundant) shall cease to have effect.

3 The following shall be substituted for subsection (1)(b)—

^F2154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76 Revocation of leave to enter or remain¶

1 The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person—

a is liable to deportation, but

b cannot be deported for legal reasons.

2 The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if—

a the leave was obtained by deception,

^F189b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person, or someone of whom he is a dependant, ceases to be a refugee as a result of—

a voluntarily availing himself of the protection of his country of nationality,

b voluntarily re-acquiring a lost nationality,

c acquiring the nationality of a country other than the United Kingdom and availing himself of its protection, or

d voluntarily establishing himself in a country in respect of which he was a refugee.

4 In this section—

“indefinite leave” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),
“liable to deportation” has the meaning given by section 3(5) and (6) of that Act (deportation),
“refugee” has the meaning given by the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
^F190...

5 A power under subsection (1) or (2) to revoke leave may be exercised—

a in respect of leave granted before this section comes into force;

b in reliance on anything done before this section comes into force.

6 A power under subsection (3) to revoke leave may be exercised—

a in respect of leave granted before this section comes into force, but

b only in reliance on action taken after this section comes into force.

^F1887 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C377 No removal while claim for asylum pending¶

1 While a person’s claim for asylum is pending he may not be—

a removed from the United Kingdom in accordance with a provision of the Immigration Acts, or

b required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

2 In this section—

a “claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and

b a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.

2A This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).

2B A State falls within this subsection if—

a it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,

b it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,

c it is a place—

i to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and

ii from which a person will not be sent to another State in contravention of the person’s Convention rights, and

d the person is not a national or citizen of the State.

2C For the purposes of this section—

a any State to which Part 2 or 3 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 for the time being applies—

i is to be presumed to be a State falling within subsection (2B)(a) and (b), and

ii is, unless the contrary is shown by a person to be the case in their particular circumstances, to be presumed to be a State falling within subsection (2B)(c)(i) and (ii);

b any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);

c a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it;

d “State” includes any territory outside of the United Kingdom.

3 In this section, “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (whether or not in relation to a State that is a party to the Convention); and “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.

4 Nothing in this section shall prevent any of the following while a claim for asylum is pending—

a the giving of a direction for the claimant’s removal from the United Kingdom,

b the making of a deportation order in respect of the claimant, or

c the taking of any other interim or preparatory action.

5 Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.

^C4^C4478 No removal while appeal pending¶

1 While a person’s appeal under section 82(1) is pending he may not be—

a removed from the United Kingdom in accordance with a provision of the Immigration Acts, or

b required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

2 In this section “pending” has the meaning given by section 104.

3 Nothing in this section shall prevent any of the following while an appeal is pending—

a the giving of a direction for the appellant’s removal from the United Kingdom,

b the making of a deportation order in respect of the appellant (subject to section 79), or

c the taking of any other interim or preparatory action.

4 This section applies only to an appeal brought while the appellant is in the United Kingdom in accordance with section 92.

^C4478A Restriction on removal of children and their parents etc¶

1 This section applies in a case where—

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

b an individual who—

i is a parent of the child or has care of the child, and

ii is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).

2 During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—

a the child may not be removed from or required to leave the United Kingdom; and

b a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.

3 The relevant appeal rights are exhausted at the time when—

a neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

b no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.

4 Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—

a the giving of a direction for the removal of a person from the United Kingdom,

b the making of a deportation order in respect of a person, or

c the taking of any other interim or preparatory action.

5 In this section—

“child” means a person who is aged under 18;
references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.

^C5^C4479 Deportation order: appeal¶

1 A deportation order may not be made in respect of a person while an appeal under section 82(1) that may be brought or continued from within the United Kingdom relating to the decision to make the order—

a could be brought (ignoring any possibility of an appeal out of time with permission), or

b is pending.

2 In this section “pending” has the meaning given by section 104.

3 This section does not apply to a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007.

4 But a deportation order made in reliance on subsection (3) does not invalidate leave to enter or remain, in accordance with section 5(1) of the Immigration Act 1971, if and for so long as section 78 above applies.

80 Removal of asylum-seeker to third country¶

^F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4A Inadmissible asylum and Human Rights claims¶

80A Asylum claims by EU nationalsClaims by nationals of listed safe States¶

1 The Secretary of State must declare an asylum claim or a human rights claim made by a person who is a national of a member State State listed in section 80AA(1) inadmissible.

2 An asylum A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

3 A declaration under subsection (1) that an asylum a claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) (appeal against refusal of protection claim or human rights claim) arises.

4 Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.

5 For the purposes of subsection (4) exceptional circumstances include where the member State of which the claimant is a national—

a in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State is derogating from any of its obligations under the Human Rights Convention, in accordance with Article 15 of the Convention;

b in a case where the claimant is a national of a member State, where that State is the subject of a proposal initiated in accordance with the procedure referred to in Article 7(1) of the Treaty on European Union and—

i the proposal has yet to be determined by the Council of the European Union or (as the case may be) the European Council,

ii the Council of the European Union has determined, in accordance with Article 7(1), that there is a clear risk of a serious breach by the member State of the values referred to in Article 2 of the Treaty, or

iii the European Council has determined, in accordance with Article 7(2), the existence of a serious and persistent breach by the member State of the values referred to in Article 2 of the Treaty.

6 In this section and section 80AA—

“asylum claim”, “human rights claim”, “the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;
“immigration rules” means rules under section 3(2) of the Immigration Act 1971;
“national” includes citizen;
“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.

80AA Safe States for the purposes of section 80A¶

1 The States are—

a Albania,

b Austria,

c Belgium,

d Bulgaria,

e Republic of Croatia,

f Republic of Cyprus,

g Czech Republic,

h Denmark,

i Estonia,

j Finland,

k France,

ka Georgia,

l Germany,

m Greece,

n Hungary,

o Iceland,

oa India,

p Republic of Ireland,

q Italy,

r Latvia,

s Principality of Liechtenstein,

t Lithuania,

u Luxembourg,

v Malta,

w Netherlands,

x Norway,

y Poland,

z Portugal,

z1 Romania,

z2 Slovak Republic,

z3 Slovenia,

z4 Spain,

z5 Sweden,

z6 Switzerland.

2 The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.

3 The Secretary of State may add a State to the list only if satisfied that—

a there is in general in that State no serious risk of persecution of nationals of that State, and

b removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

4 In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—

a must have regard to all the circumstances of the State (including its laws and how they are applied), and

b must have regard to information from any appropriate source (including member States and international organisations).

5 Regulations under this section—

a must be made by statutory instrument;

b may include transitional or saving provision.

6 A statutory instrument containing—

a regulations which add a State to the list in subsection (1), or

b regulations which both add a State to, and remove a State from, that list,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

7 A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

80B Asylum claims by persons with connection to safe third State¶

1 The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.

2 Subject to subsection (7), an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

3 A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.

4 For the purposes of this section, a State is a “safe third State” in relation to a claimant if—

a the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,

b the State is one from which a person will not be sent to another State—

i otherwise than in accordance with the Refugee Convention, or

ii in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and

c a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.

5 For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.

6 The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.

7 An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—

a if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or

b in such other cases as may be provided for in the immigration rules.

8 In this section and section 80C—

a “asylum claim”, “Human Rights Convention”, “immigration rules” and “the Refugee Convention” have the same meanings as in section 80A;

b a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it.

80C Meaning of “connection” to a safe third State¶

1 Condition 1 is that the claimant—

a has been recognised as a refugee in the safe third State, and

b remains able to access protection in accordance with the Refugee Convention in that State.

2 Condition 2 is that the claimant—

a has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—

i otherwise than in accordance with the Refugee Convention, or

ii in contravention of their rights under Article 3 of the Human Rights Convention, and

b remains able to access that protection in that State.

3 Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—

a has not yet been determined, or

b has been refused.

4 Condition 4 is that—

a the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,

b it would have been reasonable to expect them to make such a claim, and

c they failed to do so.

5 Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).

6 For the purposes of this section, a “relevant claim” to a safe third State is a claim—

a to be recognised as a refugee in the State for the purposes of the Refugee Convention, or

b for protection in the State of the kind mentioned in subsection (2)(a).

7 For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection (8) of that section.

^C41Part 5 Appeals in respect of Protection and Human Rights Claims¶

Appeal to Tribunal¶

81 Meaning of “the Tribunal¶

In this Part “the Tribunal” means the First-tier Tribunal.

^C682 Right of appeal to the Tribunal¶

1 A person (“P”) may appeal to the Tribunal where—

a the Secretary of State has decided to refuse a protection claim made by P,

b the Secretary of State has decided to refuse a human rights claim made by P, or

c the Secretary of State has decided to revoke P's protection status.

2 For the purposes of this Part—

a a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—

i would breach the United Kingdom's obligations under the Refugee Convention, or

ii would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

b P's protection claim is refused if the Secretary of State makes one or more of the following decisions—

i that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;

ii that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

c a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;

d “humanitarian protection” is to be construed in accordance with the immigration rules;

e “refugee” has the same meaning as in the Refugee Convention.

3 The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.

^F21783 Appeal: asylum claim¶

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

^F21883A Appeal: variation of limited leave¶

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

^C784 Grounds of appeal¶

1 An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds—

a that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention;

b that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

c that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

2 An appeal under section 82(1)(b) (refusal of human rights claim) must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.

3 An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds—

a that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations under the Refugee Convention;

b that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.

^C40^C8^C5485 Matters to be considered¶

1 An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).

^C34^C392 If an appellant under section 82(1) makes a statement under section 120, the Tribunal shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against.

3 Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.

^C94 On an appeal under section 82(1) ^F192... against a decision the Tribunal may consider ^F193... any matter which it thinks relevant to the substance of the decision, including ^F194... a matter arising after the date of the decision.

5 But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.

6 A matter is a “new matter” if—

^C39a it constitutes a ground of appeal of a kind listed in section 84, and

b the Secretary of State has not previously considered the matter in the context of—

i the decision mentioned in section 82(1), or

ii a statement made by the appellant under section 120.

^F22085A Matters to be considered: new evidence: exceptions¶

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

^C1086 Determination of appeal¶

1 This section applies on an appeal under section 82(1) ^F179...

2 The Tribunal must determine—

a any matter raised as a ground of appeal ^F180..., and

b any matter which section 85 requires it to consider.

^F1813 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1814 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1815 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1816 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15687 Successful appeal: direction¶

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

Exceptions and limitations¶

^F15688 Ineligibility¶

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

^F15688A Entry clearance¶

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

^F15689 Refusal of leave to enter¶

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

^F7190 Non-family visitor¶

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

^F7191 Student¶

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

^C1192 Place from which an appeal may be brought or continued¶

1 This section applies to determine the place from which an appeal under section 82(1) may be brought or continued.

2 In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if—

a the claim to which the appeal relates has been certified under section 94(7) (removal to a safe country), ^F334...

^F334b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Otherwise, the appeal must be brought from within the United Kingdom.

3 In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—

a the claim to which the appeal relates has been certified under section 94(7) (removal to a safe country) or section 94B (certification of human rights claims ^F243...), ^F330...

^F330b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Otherwise, the appeal must be brought from within the United Kingdom.

4 In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.

5 In the case of an appeal under section 82(1)(c) (revocation of protection status)—

a the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom;

b the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom.

6 If, after an appeal under section 82(1)(a) or (b) has been brought from within the United Kingdom, the Secretary of State certifies the claim to which the appeal relates under section 94(7) or section 94B, the appeal must be continued from outside the United Kingdom.

7 Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom.

8 Where an appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section 94(7) or section 94B.

^F27693 Appeal from within United Kingdom: “third country” removal¶

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

^I11^C1294 Certification of human rights or protection claims as unfounded or removal to safe country¶

1 The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.

3 If the Secretary of State is satisfied that a claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (1) unless satisfied that it is not clearly unfounded.

3A A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1).

4 The States are—

a ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

i ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

j ^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

k the Republic of Albania,

l ^F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

m ^F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

n Jamaica,

o Macedonia,

p the Republic of Moldova, and

q ^F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

r ^F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s Bolivia,

t Brazil,

u Ecuador,

v ^F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

w South Africa, and

x Ukraine.

y India.

z Mongolia,

aa Ghana (in respect of men),

bb Nigeria (in respect of men).

cc Bosnia-Herzegovina,

dd Gambia (in respect of men),

ee Kenya (in respect of men),

ff Liberia (in respect of men),

gg Malawi (in respect of men),

hh Mali (in respect of men),

ii Mauritius,

jj Montenegro,

kk Peru,

ll Serbia,

mm Sierra Leone (in respect of men).

nn Kosovo,

oo South Korea.

5 The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that—

a there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and

b removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

5A If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person.

5B Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part).

5C A description for the purposes of subsection (5A) may refer to—

a gender,

b language,

c race,

d religion,

e nationality,

f membership of a social or other group,

g political opinion, or

h any other attribute or circumstance that the Secretary of State thinks appropriate.

5D In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –

a shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and

b shall have regard to information from any appropriate source (including ^F280... member States and international organisations).

6 The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be—

a general, or

b effected so that the State or part remains listed in respect of a description of person.

6A Subsection (3) shall not apply in relation to a claimant who—

a is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),

b is in custody pursuant to arrest under section 5 of that Act,

c is the subject of a provisional warrant under section 73 of that Act,

ca is the subject of a certificate under section 74B of that Act,

d is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or

e is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.

7 The Secretary of State may certify a protection claim or human rights claim made by a person if —

a it is proposed to remove the person to a country of which he is not a national or citizen, and

b there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.

8 In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—

a a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and

b a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.

^F1789 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F28194A European Common List of Safe Countries of Origin¶

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

94B Appeal from within the United Kingdom: certification of human rights claims ^F244...¶

1 This section applies where a human rights claim has been made by a person (“P”) ^F245...

2 The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, refusing P entry to, removing P from or requiring P to leave the United Kingdom , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

3 The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if refused entry to, removed from or required to leave the United Kingdom .

^F22295 Appeal from outside United Kingdom: removal¶

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

^C1396 Earlier right of appeal¶

1 A person may not bring an appeal under section 82 against a decision (“the new decision”) if the Secretary of State or an immigration officer certifies—

^C14a that the person was notified of a right of appeal under that section against another ^F163... decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),

b that the claim or application to which the new decision relates relies on agroundthat could have been raised in an appeal against the old decision, and

c that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in an appeal against the old decision.

2 A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—

a that the person has received a notice under section 120(2),

b that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2) or (5), and

c that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in a statement under section 120(2) or (5).

4 In subsection (1) “notified” means notified in accordance with regulations under section 105.

5 Subsections (1) and (2) apply to prevent a person’s right of appeal whether or not he has been outside the United Kingdom since an earlier right of appeal arose or since a requirement under section 120 was imposed.

6 In this section a reference to an appeal under section 82(1) includes a reference to an appeal under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) which is or could be brought by reference to an appeal under section 82(1).

7 A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.

^C1597 National security, &c.¶

1 An appeal under section 82(1) ^F213... against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was taken—

a by the Secretary of State wholly or partly on a ground listed in subsection (2), 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 subsection (2).

2 The grounds mentioned in subsection (1) 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.

3 An appeal under section 82(1) ^F214... against a decision may not be brought or continued if the Secretary of State certifies that the decision is or 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.

4 In subsections (1)(a) and (b) and (3) a reference to the Secretary of State is to the Secretary of State acting in person.

^C32^C37^C4597A National security: deportation¶

1 This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.

1A This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.

2 Where this section applies—

a section 79 shall not apply,

b the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and

c section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.

2A The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—

a against the decision to make the deportation order, or

b against any refusal to revoke the deportation order,

unless the person has made a human rights claim while in the United Kingdom.

2B Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—

a to the country or territory to which the person is proposed to be removed, and

b despite the appeals process not having been begun or not having been exhausted,

would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention) .

2C The grounds upon which a certificate may be given under subsection (2B) include (in particular)—

a that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;

b that the whole or part of any human rights claim made by the person is clearly unfounded.

^F1982D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1992E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2F If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.

2G If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

2H The Commission's determination of a review under subsection (2F) is final.

2J The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

2K Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

2L Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.

^F1963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 The Secretary of State may repeal this section by order.

^F22397B Variation of leave on grounds of public good: rights of appeal ¶

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

^F22498 Other grounds of public good¶

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

^C1699 Section 97 : appeal in progress¶

1 This section applies where a certificate is issued under section ^F128... 97 ^F225... in respect of a pending appeal.

2 The appeal shall lapse.

Appeal from adjudicator¶

100 Immigration Appeal Tribunal¶

1 There shall continue to be an Immigration Appeal Tribunal.

2 Schedule 5 (which makes provision about the Tribunal) shall have effect.

^C17101 Appeal to Tribunal¶

^C181 A party to an appeal to an adjudicator under section 82 or 83 may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.

^C192 A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court or, in Scotland, to the Court of Session for a review of the Tribunal’s decision on the ground that the Tribunal made an error of law.

^C193 Where an application is made under subsection (2)—

a it shall be determined by a single judge by reference only to written submissions,

b the judge may affirm or reverse the Tribunal’s decision,

c the judge’s decision shall be final, and

d if, in an application to the High Court, the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules).

4 The Lord Chancellor may by order repeal subsections (2) and (3).

^C20102 Decision¶

1 On an appeal under section 101 the Immigration Appeal Tribunal may—

a affirm the adjudicator’s decision;

b make any decision which the adjudicator could have made;

c remit the appeal to an adjudicator;

d affirm a direction given by the adjudicator under section 87;

e vary a direction given by the adjudicator under that section;

f give any direction which the adjudicator could have given under that section.

2 In reaching their decision on an appeal under section 101 the Tribunal may consider evidence about any matter which they think relevant to the adjudicator’s decision, including evidence which concerns a matter arising after the adjudicator’s decision.

3 But where the appeal under section 82 was against refusal of entry clearance or refusal of a certificate of entitlement—

a subsection (2) shall not apply, and

b the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse.

4 In remitting an appeal to an adjudicator under subsection (1)(c) the Tribunal may, in particular—

a require the adjudicator to determine the appeal in accordance with directions of the Tribunal;

b require the adjudicator to take additional evidence with a view to the appeal being determined by the Tribunal.

^C21103 Appeal from Tribunal¶

1 Where the Immigration Appeal Tribunal determines an appeal under section 101 a party to the appeal may bring a further appeal on a point of law—

a where the original decision of the adjudicator was made in Scotland, to the Court of Session, or

b in any other case, to the Court of Appeal.

2 An appeal under this section may be brought only with the permission of—

a the Tribunal, or

b if the Tribunal refuses permission, the court referred to in subsection (1)(a) or (b).

3 The remittal of an appeal to an adjudicator under section 102(1)(c) is not a determination of the appeal for the purposes of subsection (1) above.

Procedure¶

^F98103A Review of Tribunal’s decision¶

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

^F98103B Appeal from Tribunal following reconsideration¶

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

^F98103C Appeal from Tribunal instead of reconsideration¶

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

^F98103D Reconsideration: legal aid¶

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

^F98103E Appeal from Tribunal sitting as panel¶

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

^C22^C55104 Pending appeal¶

1 An appeal under section 82(1) is pending during the period—

a beginning when it is instituted, and

b ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

2 An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—

a an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,

b permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or

c an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.

^F403 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 ^F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4A An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)).

4B Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—

^F161a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b gives notice, in accordance with Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.

^F1584C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1625 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C23^C47105 Notice of immigration decision¶

1 The Secretary of State may make regulations requiring a person to be given written notice where an appealable decision is taken in respect of him.

2 The regulations may, in particular, provide that a notice under subsection (1) of an appealable decision must state—

a that there is a right of appeal under section 82, and

b how and when that right may be exercised.

3 The regulations may make provision (which may include presumptions) about service.

4 In this section “appealable decision” means a decision mentioned in section 82(1).

^C24^C48106 Rules¶

^F821 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F831A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F842 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In the case of an appeal under section 82 ^F211... ^F282..., Tribunal Procedure Rules may enable the Tribunal to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).

4 A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with Tribunal Procedure Rules in connection with proceedings under section 82 ^F212... ^F283... to attend before ^F42. . . the Tribunal—

a to give evidence, or

b to produce a document.

5 A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

^C25^C49107 Practice directions¶

^F921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F911A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F432 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In the case of proceedings under section 82 ^F226... ^F284..., or proceedings in the Upper Tribunal arising out of such proceedings, practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007—

a may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and

b may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter.

3A In subsection (3) the reference to a decision of the Tribunal includes—

a a decision of the Asylum and Immigration Tribunal, and

b a decision of the Immigration Appeal Tribunal.

^F934 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F935 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F936 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C50108 Forged document: proceedings in private¶

1 This section applies where it is alleged—

a that a document relied on by a party to an appeal under section 82 ^F227... is a forgery, and

b that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.

2 The Tribunal—

a must investigate the allegation in private, and

b may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).

General¶

^F285^C59109 European Union and European Economic Area¶

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

^C26^C27110 Grants¶

1 The Secretary of State may make a grant to a voluntary organisation which provides—

a advice or assistance to persons who have a right of appeal under this Part;

b other services for the welfare of those persons.

2 A grant under this section may be subject to terms or conditions (which may include conditions as to repayment).

^F72111 Monitor of certification of claims as unfounded¶

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

^C51112 Regulations, &c.¶

1 Regulations under this Part shall be made by the Secretary of State.

2 Regulations ^F94... under this Part ^F94...—

a must be made by statutory instrument, and

b shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3 Regulations ^F96... under this Part—

a may make provision which applies generally or only in a specified case or in specified circumstances,

b may make different provision for different cases or circumstances,

c may include consequential, transitional or incidental provision, and

d may include savings.

^F2063A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 An order under section 94(5) ^F207...—

a must be made by statutory instrument,

b may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

c may include transitional provision.

5 An order under section 94(6) or (6B) ^F208...—

a must be made by statutory instrument,

b shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

c may include transitional provision.

5A If an instrument makes provision under section 94(5) and 94(6)—

a subsection (4)(b) above shall apply, and

b subsection (5)(b) above shall not apply.

5B An order under section 97A(4)—

a must be made by statutory instrument,

b shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

c may include transitional provision.

^F956 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F957 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C52113 Interpretation¶

1 In this Part, unless a contrary intention appears—

“asylum claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,
^F185...
“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) ^F183...,
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 and “Convention rights” shall be construed in accordance with section 1 of that Act,
“ humanitarian protection ” has the meaning given in section 82(2);
^F185...
“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules),
^F185...
“ protection claim ” has the meaning given in section 82(2)
“ protection status ” has the meaning given in section 82(2)
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,
^F185...
^F185...

^F1872 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I12114 Repeal¶

1 Part IV of the Immigration and Asylum Act 1999 (c. 33) (appeals) shall cease to have effect.

2 Schedule 6 (which makes transitional provision in connection with the repeal of Part IV of that Act and its replacement by this Part) shall have effect.

3 Schedule 7 (consequential amendments) shall have effect.

^F228115 Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision¶

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

^F114116 Special Immigration Appeals Commission: Community Legal Service¶

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

117 Northern Ireland appeals: legal aid¶

1 In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (proceedings for which legal aid may be given under Part II of that Order) the following shall be inserted after paragraph 6—

2 The amendment made by subsection (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that subsection.

PART 5A Article 8 of the ECHR: public interest considerations¶

117A Application of this Part¶

1 This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

a breaches a person's right to respect for private and family life under Article 8, and

b as a result would be unlawful under section 6 of the Human Rights Act 1998.

2 In considering the public interest question, the court or tribunal must (in particular) have regard—

a in all cases, to the considerations listed in section 117B, and

b in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.

3 In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).

117B Article 8: public interest considerations applicable in all cases¶

1 The maintenance of effective immigration controls is in the public interest.

2 It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—

a are less of a burden on taxpayers, and

b are better able to integrate into society.

3 It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—

a are not a burden on taxpayers, and

b are better able to integrate into society.

4 Little weight should be given to—

a a private life, or

b a relationship formed with a qualifying partner,

that is established by a person at a time when the person is in the United Kingdom unlawfully.

5 Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious.

6 In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—

a the person has a genuine and subsisting parental relationship with a qualifying child, and

b it would not be reasonable to expect the child to leave the United Kingdom.

117C Article 8: additional considerations in cases involving foreign criminals¶

1 The deportation of foreign criminals is in the public interest.

2 The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.

3 In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.

4 Exception 1 applies where—

a C has been lawfully resident in the United Kingdom for most of C's life,

b C is socially and culturally integrated in the United Kingdom, and

c there would be very significant obstacles to C's integration into the country to which C is proposed to be deported.

5 Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.

6 In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.

7 The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.

117D Interpretation of this Part¶

1 In this Part—

“Article 8” means Article 8 of the European Convention on Human Rights;
“qualifying child” means a person who is under the age of 18 and who—
1. is a British citizen, or
2. has lived in the United Kingdom for a continuous period of seven years or more;
“qualifying partner” means a partner who—
1. is a British citizen, or
2. who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).

2 In this Part, “foreign criminal” means a person—

a who is not a British citizen,

b who has been convicted in the United Kingdom of an offence, and

c who—

i has been sentenced to a period of imprisonment of at least 12 months,

ii has been convicted of an offence that has caused serious harm, or

iii is a persistent offender.

3 For the purposes of subsection (2)(b), a person subject to an order under—

a section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),

b section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or

c Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc),

has not been convicted of an offence.

4 In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—

^F383a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;

c include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and

d include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.

5 If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.

Part 6 Immigration Procedure¶

Applications¶

118 Leave pending decision on variation application¶

The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—

3C Continuation of leave pending variation decision

1 This section applies if—

a a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

b the application for variation is made before the leave expires, and

c the leave expires without the application for variation having been decided.

2 The leave is extended by virtue of this section during any period when—

a the application for variation is neither decided nor withdrawn,

b an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or

c an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).

3 Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

4 A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

5 But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).

6 In this section a reference to an application being decided is a reference to notice of the decision being given in accordance with regulations under section 105 of that Act (notice of immigration decision).

119 Deemed leave on cancellation of notice¶

In paragraph 6(3) of Schedule 2 to the Immigration Act 1971 (c. 77) (deemed leave on cancellation of notice of refusal) after “and the immigration officer does not at the same time give him indefinite or limited leave to enter” there shall be inserted “ or require him to submit to further examination ”.

^C28^C35^C38^C53120 Requirement to state additional grounds for application¶

1 Subsection (2) applies to a person (“P”) if—

a P has made a protection claim or a human rights claim,

b P has made an application to enter or remain in the United Kingdom, or

c a decision to deport or remove P has been or may be taken.

2 The Secretary of State or an immigration officer may serve a notice on P requiring P to provide a statement setting out—

a P's reasons for wishing to enter or remain in the United Kingdom,

b any grounds on which P should be permitted to enter or remain in the United Kingdom, and

c any grounds on which P should not be removed from or required to leave the United Kingdom.

3 A statement under subsection (2) need not repeat reasons or grounds set out in—

a P's protection or human rights claim,

b the application mentioned in subsection (1)(b), or

c an application to which the decision mentioned in subsection (1)(c) relates.

4 Subsection (5) applies to a person (“P”) if P has previously been served with a notice under subsection (2) and—

a P requires leave to enter or remain in the United Kingdom but does not have it, or

b P has leave to enter or remain in the United Kingdom only by virtue of section 3C ^F248... of the Immigration Act 1971 (continuation of leave pending decision or appeal).

5 Where P's circumstances have changed since the Secretary of State or an immigration officer was last made aware of them (whether in the application or claim mentioned in subsection (1) or in a statement under subsection (2) or this subsection) so that P has—

a additional reasons for wishing to enter or remain in the United Kingdom,

b additional grounds on which P should be permitted to enter or remain in the United Kingdom, or

c additional grounds on which P should not be removed from or required to leave the United Kingdom,

P must, as soon as reasonably practicable, provide a supplementary statement to the Secretary of State or an immigration officer setting out the new circumstances and the additional reasons or grounds.

6 In this section—

“human rights claim” and “protection claim” have the same meanings as in Part 5;
references to “grounds” are to grounds on which an appeal under Part 5 may be brought (see section 84).

121 Compliance with procedure¶

The following shall be inserted after section 31A(3) of the Immigration Act 1971 (procedural requirements for application)—

Work permit¶

122 Fee for work permit, &c.¶

1 The Secretary of State may by regulations require an application for an immigration employment document to be accompanied by a fee prescribed in the regulations.

2 In subsection (1) “immigration employment document” means—

a a work permit, and

b any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.

3 Regulations under subsection (1)—

a may make provision which applies generally or only in specified cases or circumstances (or except in specified cases or circumstances), and

b may make different provision for different cases or circumstances.

4 In particular, regulations by virtue of subsection (3)(a) which create an exception may make provision by reference to an arrangement with the Secretary of State under which a payment is made in respect of—

a a specified number or class of applications, or

b a specified period of time.

5 Regulations under subsection (1)—

a must be made by statutory instrument, and

b shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6 In this section—

“immigration rules” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation), and
“work permit” has the meaning given by that section.

^I13123 Advice about work permit, &c.¶

1 Section 82 of the Immigration and Asylum Act 1999 (c. 33) (immigration advice and services: interpretation) shall be amended as follows.

2 In the definition of “relevant matters” in subsection (1), after paragraph (b) there shall be inserted—

3 At the end of the section add—

Authority-to-carry scheme¶

^F234124 Authority to carry¶

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

Evasion of procedure¶

^I14^I41^I54125 Carriers’ liability¶

Schedule 8 (which amends Part II of the Immigration and Asylum Act 1999 (carriers’ liability)) shall have effect.

Provision of information by traveller¶

^C56^C42^C60126 Physical data: compulsory provision¶

1 The Secretary of State may by regulations—

a require an immigration application to be accompanied by specified biometric information;

b enable an authorised person to require an individual who makes an immigration application to provide biometric information;

c enable an authorised person to require an entrant to provide biometric information.

2 In subsection (1) “immigration application” means an application for—

za an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations)),

a entry clearance,

b leave to enter or remain in the United Kingdom, ^F231...

c variation of leave to enter or remain in the United Kingdom; or

d a transit visa (within the meaning of section 41 of the Immigration and Asylum Act 1999), ^F286...

^F286e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Regulations under subsection (1) may not—

a impose a requirement in respect of a person to whom section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) applies, during the relevant period within the meaning of that section, or

b enable a requirement to be imposed in respect of a person to whom that section applies, during the relevant period within the meaning of that section.

^C334 Regulations under subsection (1) may, in particular—

a require, or enable an authorised person to require, the provision of biometric information in a specified form;

b require an individual to submit, or enable an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded;

c make provision about the effect of failure to provide biometric information or to submit to a process (which may, in particular, include provision for an application to be disregarded or dismissed if a requirement is not satisfied);

d confer a function (which may include the exercise of a discretion) on an authorised person;

e require an authorised person to have regard to a code (with or without modification);

f require an authorised person to have regard to such provisions of a code (with or without modification) as may be specified by direction of the Secretary of State;

fa provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;

^F232g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h make provision which applies generally or only in specified cases or circumstances;

i make different provision for different cases or circumstances.

^F233^C335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C336 In so far as regulations under subsection (1) require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints: children).

^C337 In so far as regulations under subsection (1) enable an authorised person to require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5), (12) and (13) of that Act (fingerprints: children).

8 Regulations under subsection (1)—

a must be made by statutory instrument, and

b shall not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

8A Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

9 In this section—

“authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),
“biometric information” has the meaning given by section 15 of the UK Borders Act 2007,
“code” has the meaning given by section 145(6) of that Act (code of practice),
“document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods),
“entrant” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),
“entry clearance” has the meaning given by section 33(1) of that Act,
^F143...

^C57^C42127 Physical data: voluntary provision¶

1 The Secretary of State may operate a scheme under which an individual may supply, or submit to the obtaining or recording of, biometric information to be used (wholly or partly) in connection with entry to the United Kingdom.

2 In particular, the Secretary of State may—

a require an authorised person to use biometric information supplied under a scheme;

b make provision about the collection, use and retention of biometric information supplied under a scheme (which may include provision requiring an authorised person to have regard to a code);

c charge for participation in a scheme.

3 In this section the following expressions have the same meaning as in section 126—

a “authorised person”,

aa biometric information”, and

b “code”, ^F150...

^F151c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C42128 Data collection under Immigration and Asylum Act 1999¶

1 The following shall be added at the end of section 144 of the Immigration and Asylum Act 1999 (c. 33) (collection of data about external physical characteristics) (which becomes subsection (1))—

2 The following shall be inserted after section 145(2) of that Act (codes of practice)—

Disclosure of information by public authority¶

129 Local authority¶

1 The Secretary of State may require a local authority to supply information for the purpose of establishing where a person is if the Secretary of State reasonably suspects that—

a the person has committed an offence under section 24(A1), (B1), (C1), (D1), (E1) , (E1A) or (1)(b), (c) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.), and

b the person is or has been resident in the local authority’s area.

2 A local authority shall comply with a requirement under this section.

3 In the application of this section to England and Wales “local authority” means—

a a county council,

b a county borough council,

c a district council,

d a London borough council,

e the Common Council of the City of London, and

f the Council of the Isles of Scilly.

4 In the application of this section to Scotland “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

5 In the application of this section to Northern Ireland—

a a reference to a local authority shall be taken as a reference to the Northern Ireland Housing Executive, and

b the reference to a local authority’s area shall be taken as a reference to Northern Ireland.

^F68130 Inland Revenue¶

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

131 Police, &c.¶

Information may be supplied under section 20 of the Immigration and Asylum Act 1999 (c. 33) (supply of information to Secretary of State) for use for the purpose of —

a determining whether an applicant for naturalisation under the British Nationality Act 1981 is of good character;

b determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;

ba determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;

bb determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;

c determining whether to make an order in respect of a person under section 40 of the British Nationality Act 1981.

132 Supply of document, &c. to Secretary of State¶

1 Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) shall be amended as follows.

2 After subsection (1) insert—

3 In subsection (2) after “information” insert “ , document or article ”.

4 After subsection (2) insert—

5 In subsection (6) after “information” insert “ , documents or articles ”.

133 Medical inspectors¶

1 This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the attention of—

a a medical inspector appointed under paragraph 1(2) of that Schedule, or

b a person working under the direction of a medical inspector appointed under that paragraph.

2 A medical inspector may disclose to a health service body—

a the name of a person to whom this section applies,

b his place of residence in the United Kingdom,

c his age,

d the language which he speaks,

e the nature of any disease with which the inspector thinks the person may be infected,

f relevant details of the person’s medical history,

g the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and

h the inspector’s opinion about action which the health service body should take.

3 A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—

a preventative medicine,

b medical diagnosis,

c the provision of care or treatment, or

d the management of health care services.

4 For the purposes of this section “health service body” in relation to a person means a body which carries out functions in an area which includes his place of residence and which is—

a in relation to England—

ai the Secretary of State,

^F127i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ia NHS England,

ib an integrated care board established under section 14Z25 of the National Health Service Act 2006,

ic a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,

ii a National Health Service Trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006,

iia an NHS foundation trust,

^F120iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F123iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F52 . . .

^F52v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F122 . . .

^F122vi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b in relation to Wales—

i a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, or

ii a National Health Service Trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006, ^F55. . .

iii ^F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F123 . . .

^F123iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c in relation to Scotland—

ai the Secretary of State,

i a Health Board, Special Health Board or National Health Service Trust established under section 2 or 12A of the National Health Service (Scotland) Act 1978 (c. 29), ^F56. . .

ii the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or

iia Healthcare Improvement Scotland established under section 10A of the 1978 Act, or

^F125iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d in relation to Northern Ireland—

^F350i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), ^F57. . .

iia the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or

iii the Department of Health, Social Services and Public Safety ^F126. . .

^F126iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of information by private person¶

134 Employer¶

1 The Secretary of State may require an employer to supply information about an employee whom the Secretary of State reasonably suspects of having committed an offence under—

a section 24(A1), (B1), (C1), (D1), (E1) , (E1A) or (1)(b), (c) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.),

b section 105(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud), or

c section 106(1)(a), (b) or (c) of that Act (support for asylum-seeker: fraud).

2 The power under subsection (1) may be exercised to require information about an employee only if the information—

a is required for the purpose of establishing where the employee is, or

b relates to the employee’s earnings or to the history of his employment.

3 In this section a reference to an employer or employee—

a includes a reference to a former employer or employee, and

b shall be construed in accordance with section 8(8) of the Asylum and Immigration Act 1996 (c. 49) (restrictions on employment).

4 Where—

a a business (the “employment agency”) arranges for one person (the “worker”) to provide services to another (the “client”), and

b the worker is not employed by the employment agency or the client,

this section shall apply as if the employment agency were the worker’s employer while he provides services to the client.

135 Financial institution¶

1 The Secretary of State may require a financial institution to supply information about a person if the Secretary of State reasonably suspects that—

a the person has committed an offence under section 105(1)(a), (b) or (c) or 106(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud),

b the information is relevant to the offence, and

c the institution has the information.

2 In this section “financial institution” means—

a a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits, and

b a building society (within the meaning given by the Building Societies Act 1986 (c. 53)).

136 Notice¶

1 A requirement to provide information under section 134 or 135 must be imposed by notice in writing specifying—

a the information,

b the manner in which it is to be provided, and

c the period of time within which it is to be provided.

2 A period of time specified in a notice under subsection (1)(c)—

a must begin with the date of receipt of the notice, and

b must not be less than ten working days.

3 A person on whom a notice is served under subsection (1) must provide the Secretary of State with the information specified in the notice.

4 Information provided under subsection (3) must be provided—

a in the manner specified under subsection (1)(b), and

b within the time specified under subsection (1)(c).

5 In this section “working day” means a day which is not—

a Saturday,

b Sunday,

c Christmas Day,

d Good Friday, or

e a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

137 Disclosure of information: offences¶

1 A person commits an offence if without reasonable excuse he fails to comply with section 136(3).

2 A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to—

a imprisonment for a term not exceeding three months,

b a fine not exceeding level 5 on the standard scale, or

c both.

138 Offence by body¶

1 Subsection (2) applies where an offence under section 137 is committed by a body corporate and it is proved that the offence—

a was committed with the consent or connivance of an officer of the body, or

b was attributable to neglect on the part of an officer of the body.

2 The officer, as well as the body, shall be guilty of the offence.

3 In this section a reference to an officer of a body corporate includes a reference to—

a a director, manager or secretary,

b a person purporting to act as a director, manager or secretary, and

c if the affairs of the body are managed by its members, a member.

4 Where an offence under section 137 is committed by a partnership (other than a limited partnership), each partner shall be guilty of the offence.

5 Subsection (1) 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 were a reference to a partner.

139 Privilege against self-incrimination¶

1 Information provided by a person pursuant to a requirement under section 134 or 135 shall not be admissible in evidence in criminal proceedings against that person.

2 This section shall not apply to proceedings for an offence under section 137.

Immigration services¶

140 Immigration Services Commissioner¶

1 The following shall be inserted after paragraph 7(1) of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33) (investigation by Commissioner: power of entry)—

2 The following shall be inserted after paragraph 3 of Schedule 6 to the Immigration and Asylum Act 1999 (c. 33) (registration by Commissioner)—

3 The following shall be inserted after section 87(3)(e) of the Immigration and Asylum Act 1999 (Immigration Services Tribunal: jurisdiction) (before the word “or”)—

Immigration control¶

141 EEA ports: juxtaposed controls¶

1 The Secretary of State may by order make provision for the purpose of giving effect to an international agreement which concerns immigration control at a United Kingdom port or an EEA port (whether or not it also concerns other aspects of frontier control at the port).

2 An order under this section may make any provision which appears to the Secretary of State—

a likely to facilitate implementation of the international agreement (including those aspects of the agreement which relate to frontier control other than immigration control), or

b appropriate as a consequence of provision made for the purpose of facilitating implementation of the agreement.

3 In particular, an order under this section may—

a provide for a law of England and Wales to have effect, with or without modification, in relation to a person in a specified area or anything done in a specified area;

b provide for a law of England and Wales not to have effect in relation to a person in a specified area or anything done in a specified area;

c provide for a law of England and Wales to be modified in its effect in relation to a person in a specified area or anything done in a specified area;

d disapply or modify an enactment in relation to a person who has undergone a process in a specified area;

e disapply or modify an enactment otherwise than under paragraph (b), (c) or (d);

f make provision conferring a function (which may include—

i provision conferring a discretionary function;

ii provision conferring a function on a servant or agent of the government of a State other than the United Kingdom);

g create or extend the application of an offence;

h impose or permit the imposition of a penalty;

i require the payment of, or enable a person to require the payment of, a charge or fee;

j make provision about enforcement (which may include—

i provision conferring a power of arrest, detention or removal from or to any place;

ii provision for the purpose of enforcing the law of a State other than the United Kingdom);

k confer jurisdiction on a court or tribunal;

l confer immunity or provide for indemnity;

m make provision about compensation;

n impose a requirement, or enable a requirement to be imposed, for a person to co-operate with or to provide facilities for the use of another person who is performing a function under the order or under the international agreement (which may include a requirement to provide facilities without charge);

o make provision about the disclosure of information.

4 An order under this section may—

a make provision which applies generally or only in specified circumstances;

b make different provision for different circumstances;

c amend an enactment.

5 An order under this section—

a must be made by statutory instrument,

b may not be made unless the Secretary of State has consulted with such persons as appear to him to be appropriate, and

c may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

6 In this section—

“EEA port” means a port in an EEA State from which passengers are commonly carried by sea to ^F289... the United Kingdom,
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
“frontier control” means the enforcement of law which relates to, or in so far as it relates to, the movement of persons or goods into or out of the United Kingdom or another State,
“immigration control” means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State,
“international agreement” means an agreement made between Her Majesty’s Government and the government of another State, and
“specified area” means an area (whether of the United Kingdom or of another State) specified in an international agreement.
“United Kingdom port” means a port in the United Kingdom from which passengers are commonly carried by sea to an EEA State.

Country information¶

^F73142 Advisory Panel on Country Information¶

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

Part 7 Offences¶

Substance¶

143 Assisting unlawful immigration, &c.¶

The following shall be substituted for section 25 of the Immigration Act 1971 (c. 77) (assisting illegal entry)—

25 Assisting unlawful immigration to member State

1 A person commits an offence if he—

a does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union,

b knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and

c knows or has reasonable cause for believing that the individual is not a citizen of the European Union.

2 In subsection (1) “immigration law” means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to—

a enter the State,

b transit across the State, or

c be in the State.

3 A document issued by the government of a member State certifying a matter of law in that State—

a shall be admissible in proceedings for an offence under this section, and

b shall be conclusive as to the matter certified.

4 Subsection (1) applies to anything done—

a in the United Kingdom,

b outside the United Kingdom by an individual to whom subsection (5) applies, or

c outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom.

5 This subsection applies to—

a a British citizen,

b a British overseas territories citizen,

c a British National (Overseas),

d a British Overseas citizen,

e a person who is a British subject under the British Nationality Act 1981 (c. 61), and

f a British protected person within the meaning of that Act.

6 A person guilty of an offence under this section shall be liable—

a on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

b on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

25A Helping asylum-seeker to enter United Kingdom

1 A person commits an offence if—

a he knowingly and for gain facilitates the arrival in the United Kingdom of an individual, and

b he knows or has reasonable cause to believe that the individual is an asylum-seeker.

2 In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

a the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or

b the Human Rights Convention (within the meaning given by that section).

3 Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which—

a aims to assist asylum-seekers, and

b does not charge for its services.

4 Subsections (4) to (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.

25B Assisting entry to United Kingdom in breach of deportation or exclusion order

1 A person commits an offence if he—

a does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and

b knows or has reasonable cause for believing that the act facilitates a breach of the deportation order.

2 Subsection (3) applies where the Secretary of State personally directs that the exclusion from the United Kingdom of an individual who is a citizen of the European Union is conducive to the public good.

3 A person commits an offence if he—

a does an act which assists the individual to arrive in, enter or remain in the United Kingdom,

b knows or has reasonable cause for believing that the act assists the individual to arrive in, enter or remain in the United Kingdom, and

c knows or has reasonable cause for believing that the Secretary of State has personally directed that the individual’s exclusion from the United Kingdom is conducive to the public good.

4 Subsections (4) to (6) of section 25 apply for the purpose of an offence under this section as they apply for the purpose of an offence under that section.

25C Forfeiture of vehicle, ship or aircraft

1 This section applies where a person is convicted on indictment of an offence under section 25, 25A or 25B.

2 The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person—

a owned the vehicle at the time the offence was committed,

b was at that time a director, secretary or manager of a company which owned the vehicle,

c was at that time in possession of the vehicle under a hire-purchase agreement,

d was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or

e was driving the vehicle in the course of the commission of the offence.

3 The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—

a owned the ship or aircraft at the time the offence was committed,

b was at that time a director, secretary or manager of a company which owned the ship or aircraft,

c was at that time in possession of the ship or aircraft under a hire-purchase agreement,

d was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,

e was at that time a charterer of the ship or aircraft, or

f committed the offence while acting as captain of the ship or aircraft.

4 But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—

a in the case of a ship, if subsection (5) or (6) applies;

b in the case of an aircraft, if subsection (5) or (7) applies.

5 This subsection applies where—

a in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and

b a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25, 25A or 25B.

6 This subsection applies where a ship’s gross tonnage is less than 500 tons.

7 This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

8 Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.

9 In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—

a an individual who seeks to enter a member State in breach of immigration law (within the meaning of section 25), and

b an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution).

10 In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—

a an asylum-seeker (within the meaning of that section), and

b an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.

11 In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.

144 Section 143: consequential amendments¶

1 The Immigration Act 1971 (c. 77) shall be amended as follows.

2 Section 25A (detention of ship, aircraft or vehicle) shall be renumbered as section 25D (and its title becomes “Detention of ship, aircraft or vehicle”) and—

a in subsection (1) for “section 25(1)(a) or (b)” substitute “ section 25, 25A or 25B ”,

b in subsections (2) and (4) for “section 25(6)” substitute “ section 25C ”,

c for subsection (3) substitute—

and

d omit subsection (7).

3 In section 28A (arrest without warrant)—

a in subsection (3)(a) for “section 25(1)” substitute “ section 25, 25A or 25B ”,

b omit subsection (4),

c in subsection (10) omit “, (4)(b)”, and

d in subsection (11) omit “, (4)”.

4 In section 28B(5) (search and arrest by warrant) for “, section 24A or section 25(2)” substitute “ , 24A ”.

5 In section 28C(1) (search and arrest without warrant) for “section 25(1)” substitute “ section 25, 25A or 25B ”.

6 In section 28D(4) (entry and search of premises) for “section 24A or section 25” substitute “ 24A, 25, 25A, 25B ”.

7 In section 28F (the title to which becomes “Entry and search of premises following arrest under section 25, 25A or 25B”) in subsection (1) for “section 25(1)” substitute “ section 25, 25A, 25B ”.

8 After section 33(1) (interpretation) insert—

145 Traffic in prostitution¶

^F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

146 Section 145: supplementary¶

^F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I15147 Employment¶

1 Section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence) shall be amended as follows.

2 For subsection (2) (defence) substitute—

3 After subsection (6) insert—

4 At the end of the section add—

148 Registration card¶

The following shall be inserted after section 26 of the Immigration Act 1971 (general offences)—

26A Registration card

1 In this section “registration card” means a document which—

a carries information about a person (whether or not wholly or partly electronically), and

b is issued by the Secretary of State to the person wholly or partly in connection with a claim for asylum (whether or not made by that person).

2 In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.

3 A person commits an offence if he—

a makes a false registration card,

b alters a registration card with intent to deceive or to enable another to deceive,

c has a false or altered registration card in his possession without reasonable excuse,

d uses or attempts to use a false registration card for a purpose for which a registration card is issued,

e uses or attempts to use an altered registration card with intent to deceive,

f makes an article designed to be used in making a false registration card,

g makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or

h has an article within paragraph (f) or (g) in his possession without reasonable excuse.

4 In subsection (3) “false registration card” means a document which is designed to appear to be a registration card.

5 A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable—

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

b on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

6 A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable—

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

b on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

7 The Secretary of State may by order—

a amend the definition of “registration card” in subsection (1);

b make consequential amendment of this section.

8 An order under subsection (7)—

a must be made by statutory instrument, and

b may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

149 Immigration stamp¶

The following shall be inserted after section 26A of the Immigration Act 1971 (c. 77) (registration card: falsification, &c.) (inserted by section 148 above)—

26B Possession of immigration stamp

1 A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.

2 A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.

3 In this section—

a “immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,

b “replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and

c “immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts.

4 A person who is guilty of an offence under this section shall be liable—

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

b on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

150 Sections 148 and 149: consequential amendments¶

1 The following shall be inserted after section 28A(9) of the Immigration Act 1971 (arrest without warrant)—

2 In section 28B(5) of that Act (search and arrest by warrant) after “, 24A” there shall be inserted “ , 26A or 26B. ”.

3 In section 28D(4) of that Act (search of premises) after “, 25B” there shall be inserted “ , 26A or 26B ”.

151 False information¶

In section 26(3) of the Immigration Act 1971 (general offences: “relevant enactment”)—

a the word “or” after paragraph (c) shall cease to have effect, and

b after paragraph (d) there shall be inserted—

Procedure¶

152 Arrest by immigration officer¶

The following shall be inserted after section 28A of the Immigration Act 1971 (c. 77) (arrest without warrant)—

153 Power of entry¶

1 The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)—

28CA Business premises: entry to arrest

1 A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—

a for an offence under section 24,

b for an offence under section 24A, or

c under paragraph 17 of Schedule 2.

2 The power under subsection (1) may be exercised only—

a to the extent that it is reasonably required for a purpose specified in subsection (1),

b if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

c with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and

d if the constable or immigration officer produces identification showing his status.

3 Authority for the purposes of subsection (2)(c)—

a may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

b shall expire at the end of the period of seven days beginning with the day on which it is given.

4 Subsection (2)(d) applies—

a whether or not a constable or immigration officer is asked to produce identification, but

b only where premises are occupied.

5 Subsection (6) applies where a constable or immigration officer—

a enters premises in reliance on this section, and

b detains a person on the premises.

6 A detainee custody officer may enter the premises for the purpose of carrying out a search.

7 In subsection (6)—

“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and
“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

2 The following shall be substituted for section 146(2) of the Immigration and Asylum Act 1999 (use of force)—

154 Power to search for evidence¶

The following shall be inserted after section 28F of the Immigration Act 1971 (c. 77) (entry and search)—

28FA Search for personnel records: warrant unnecessary

1 This section applies where—

a a person has been arrested for an offence under section 24(1) or 24A(1),

b a person has been arrested under paragraph 17 of Schedule 2,

c a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or

d a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.

2 A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes—

a that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and

b that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.

3 A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—

a an immigration employment offence, or

b an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

4 The power under subsection (2) may be exercised only—

a to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,

b if the constable or immigration officer produces identification showing his status, and

c if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.

5 Those conditions are—

a that it is not practicable to communicate with a person entitled to grant access to the records,

b that permission to search has been refused,

c that permission to search would be refused if requested, and

d that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).

6 Subsection (4)(b) applies—

a whether or not a constable or immigration officer is asked to produce identification, but

b only where premises are occupied.

7 In this section “immigration employment offence” means an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment).

28FB Search for personnel records: with warrant

1 This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing—

a that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),

b that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and

c that at least one of the conditions in subsection (2) is satisfied.

2 Those conditions are—

a that it is not practicable to communicate with a person entitled to grant access to the premises,

b that it is not practicable to communicate with a person entitled to grant access to the records,

c that entry to the premises or access to the records will not be granted unless a warrant is produced, and

d that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

3 The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

4 Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.

5 An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—

a an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or

b an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

155 Sections 153 and 154: supplemental¶

The following shall be added at the end of section 28L of the Immigration Act 1971 (c. 77) (interpretation) (which becomes subsection (1))—

156 Time limit on prosecution¶

1 In section 28(1) of the Immigration Act 1971 (c. 77) (extended time limit for prosecution) the words “, 24A, 25” shall cease to have effect.

2 Section 24A(4) of that Act (deception: application of extended time limit) shall cease to have effect.

Part 8 General¶

157 Consequential and incidental provision¶

1 The Secretary of State may by order make consequential or incidental provision in connection with a provision of this Act.

2 An order under this section may, in particular—

a amend an enactment;

b modify the effect of an enactment.

3 An order under this section must be made by statutory instrument.

4 An order under this section which amends an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

5 Any other order under this section shall be subject to annulment pursuant to a resolution of either House of Parliament.

158 Interpretation: “the Immigration Acts”¶

1 A reference to “the Immigration Acts” shall be construed in accordance with section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

3 The following shall be substituted for section 32(5) of the Immigration Act 1971—

4 The following shall be substituted for the definition of “the Immigration Acts” in section 167(1) of the Immigration and Asylum Act 1999—

159 Applied provision¶

1 Subsection (2) applies where this Act amends or refers to a provision which is applied by, under or for purposes of—

a another provision of the Act which contains the provision, or

b another Act.

2 The amendment or reference shall have effect in relation to the provision as applied.

3 Where this Act applies a provision of another Act, a reference to that provision in any enactment includes a reference to the provision as applied by this Act.

160 Money¶

1 Expenditure of the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid out of money provided by Parliament.

2 An increase attributable to this Act in the amount payable out of money provided by Parliament under another enactment shall be paid out of money provided by Parliament.

3 A sum received by the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid into the Consolidated Fund.

^I16161 Repeals¶

The provisions listed in Schedule 9 are hereby repealed to the extent specified.

162 Commencement¶

^P1^P2^P31 Subject to subsections (2) to (5), the preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.

2 The following provisions shall come into force on the passing of this Act—

a section 6,

b section 7,

c section 10(1) to (4) and (6),

d section 11,

e section 15 (and Schedule 2),

f section 16,

g section 35(1)(h),

h section 38,

i section 40(1),

j section 41(1),

k section 42,

l section 43,

m section 48,

n section 49,

o section 50,

p section 56,

q section 58,

r section 59,

s section 61,

t section 67,

u section 69,

v section 70,

w section 115 and paragraph 29 of Schedule 7 (and the relevant entry in Schedule 9),

x section 157, and

y section 160.

3 Section 5 shall have effect in relation to—

a an application made after the passing of this Act, and

b an application made, but not determined, before the passing of this Act.

^P44 Section 8 shall have effect in relation to—

a an application made on or after a date appointed by the Secretary of State by order, and

b an application made, but not determined, before that date.

^P35 Section 9 shall have effect in relation to a child born on or after a date appointed by the Secretary of State by order.

^P16 An order under subsection (1) may—

a make provision generally or for a specified purpose only (which may include the purpose of the application of a provision to or in relation to a particular place or area);

b make different provision for different purposes;

c include transitional provision;

d include savings;

e include consequential provision;

f include incidental provision.

7 An order under this section must be made by statutory instrument.

163 Extent¶

1 A provision of this Act which amends or repeals a provision of another Act or inserts a provision into another Act has the same extent as the provision amended or repealed or as the Act into which the insertion is made (ignoring, in any case, extent by virtue of an Order in Council).

2 Sections 145 and 146 extend only to—

a England and Wales, and

b Northern Ireland.

3 A provision of this Act to which neither subsection (1) nor subsection (2) applies extends to—

a England and Wales,

b Scotland, and

c Northern Ireland.

^C36^C65^C674 Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—

a any of the Channel Islands;

b the Isle of Man.

5 Subsection (4) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (1).

^C58^C43164 Short title¶

This Act may be cited as the Nationality, Immigration and Asylum Act 2002.

SCHEDULES

SCHEDULE 1 ¶

Citizenship Ceremony, Oath and Pledge

Section 3

1The following shall be substituted for section 42 of the British Nationality Act 1981 (c. 61) (registration and naturalisation: fee and oath)—

42 Registration and naturalisation: citizenship ceremony, oath and pledge

1 A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

2 A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

3 A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

4 A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

5 A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5.

6 Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—

a disapply any of subsections (1) to (5), or

b modify the effect of any of those subsections.

7 Sections 5 and 6 of the Oaths Act 1978 (c. 19) (affirmation) apply to a citizenship oath; and a reference in this Act to a citizenship oath includes a reference to a citizenship affirmation.

42A Registration and naturalisation: fee

1 A person shall not be registered under a provision of this Act as a citizen of any description or as a British subject unless any fee payable by virtue of this Act in connection with the registration has been paid.

2 A certificate of naturalisation shall not be granted to a person under a provision of this Act unless any fee payable by virtue of this Act in connection with the grant of the certificate has been paid.

42B Registration and naturalisation: timing

1 A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject—

a immediately on making the required citizenship oath and pledge in accordance with section 42, or

b where the requirement for an oath and pledge is disapplied, immediately on registration.

2 A person granted a certificate of naturalisation under this Act as a citizen of any description shall be treated as having become a citizen—

a immediately on making the required citizenship oath and pledge in accordance with section 42, or

b where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate.

3 In the application of subsection (1) to registration as a British Overseas citizen or as a British subject the reference to the citizenship oath and pledge shall be taken as a reference to the citizenship oath.

2The following shall be substituted for Schedule 5 to the British Nationality Act 1981 (c. 61)—

SCHEDULE 5

Citizenship Oath and Pledge

1The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen—

Oath

“I,[name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”

Pledge

“I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen.”

2The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen—

Oath

“I,[name], swear by Almighty God that, on becoming a British overseas territories citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”

Pledge

“I will give my loyalty to[name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen.”

3The form of citizenship oath is as follows for registration of a British Overseas citizen—“I,[name], swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”

4The form of citizenship oath is as follows for registration of a British subject—“I,[name], swear by Almighty God that, on becoming a British subject, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”.

3Section 41 of the British Nationality Act 1981 (c. 61) (regulations) shall be amended as follows.

4For subsection (1)(d) substitute—

5In subsection (2)(c)—

a for “the taking there of any oath of allegiance” substitute “ the making there of a citizenship oath or pledge ”, and

b for “granted or taken” substitute “ or granted ”.

6In subsection (3)(a) for “taking of oaths of allegiance” substitute “ making of oaths and pledges of citizenship ”.

7After subsection (3) insert—

3A Regulations under subsection (1)(d) to (de) may, in particular—

a enable the Secretary of State to designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge;

b require, or enable the Secretary of State to require, a local authority to provide specified facilities and to make specified arrangements in connection with citizenship ceremonies;

c impose, or enable the Secretary of State to impose, a function (which may include a discretion) on a local authority or on a registrar.

3B In subsection (3A)—

“local authority” means—
1. in relation to England and Wales, a county council, a county borough council, a metropolitan district council, a London Borough Council and the Common Council of the City of London, and
2. in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and
“registrar” means—
1. in relation to England and Wales, a superintendent registrar of births, deaths and marriages (or, in accordance with section 8 of the Registration Service Act 1953 (c. 37), a deputy superintendent registrar), and
2. in relation to Scotland, a district registrar within the meaning of section 7(12) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49).

8The Secretary of State may make a payment to a local authority in respect of anything done by the authority in accordance with regulations made by virtue of section 41(3A) of the British Nationality Act 1981 (c. 61).

1 A local authority must—

a comply with a requirement imposed on it by regulations made by virtue of that section, and

b carry out a function imposed on it by regulations made by virtue of that section.

2 A local authority on which a requirement or function is imposed by regulations made by virtue of that section—

a may provide facilities or make arrangements in addition to those which it is required to provide or make, and

b may make a charge for the provision of facilities or the making of arrangements under paragraph (a) which does not exceed the cost of providing the facilities or making the arrangements.

SCHEDULE 2 ¶

Nationality: Repeal of Spent Provisions

Section 15

1The following provisions of the British Nationality Act 1981 (c. 61) shall cease to have effect—

a section 7(registration as British citizen by virtue of residence or employment),

b section 8(registration as British citizen by virtue of marriage),

c section 9(registration as British citizen by virtue of father’s status),

d section 19(registration as British Dependent Territories citizen by virtue of residence),

e section 20(registration as British Dependent Territories citizen by virtue of marriage),

f section 21(registration as British Dependent Territories citizen by virtue of father’s status),

g section 27(2)(entitlement of minor to registration as British Overseas citizen),

h section 28(registration as British Overseas citizen by virtue of marriage), and

i section 33(registration as British subject of certain women by virtue of earlier entitlement).

2Nothing in this Schedule has any effect in relation to a registration made under a provision before its repeal.

^C31^C61SCHEDULE 3 ¶

Withholding and Withdrawal of Support

Section 54

Ineligibility for support¶

1 A person to whom this paragraph applies shall not be eligible for support or assistance under—

^F238a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F239b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c section 12 or 13A of the Social Work (Scotland) Act 1968 (c. 49) (social welfare services),

d Article 7 or 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, social welfare, &c.),

^F240e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (interim duty to accommodate in case of apparent priority need where review of a local authority decision has been requested),

g section 17, 23C, 23CZB, 23CA, 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),

h Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (welfare and other powers which can be exercised in relation to adults),

i sections 22, 29 and 30 of the Children (Scotland) Act 1995 (c. 36) (provisions analogous to those mentioned in paragraph (g)),

j section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal),

^F310k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ka section 1 of the Localism Act 2011 (local authority’s general power of competence),

l a provision of the Immigration and Asylum Act 1999 (c. 33), ^F236...

m a provision of this Act , ^F241...

n Part 1 of the Care Act 2014 (care and support provided by local authority) or

o Part 4 (duty of local authority to meet needs) or sections 105 to 116 (leaving care, accommodation and fostering) of the Social Services and Well-being (Wales) Act 2014.

2 A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).

3 An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).

Exceptions¶

^I172

1 Paragraph 1 does not prevent the provision of support or assistance—

a to a British citizen, or

b to a child, or

c under or by virtue of regulations made under paragraph 8, 9 or 10 below, or

d in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or

e in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

2 Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.

3 Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority—

a has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and

b has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.

4 Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.

5 A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).

6 A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.

3Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—

a a person’s Convention rights, ^F291...

^F291b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

First class of ineligible person: refugee status abroad¶

1 Paragraph 1 applies to a person if he—

a has refugee status abroad, or

b is the dependant of a person who is in the United Kingdom and who has refugee status abroad.

2 For the purposes of this paragraph a person has refugee status abroad if—

a he does not have the nationality of an EEA State and is not a British citizen, and

b the government of an EEA State ^F293... has determined that he is entitled to protection as a refugee under the Refugee Convention.

Second class of ineligible person: citizen of other EEA State¶

^F2945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third class of ineligible person: failed asylum-seeker¶

1 Paragraph 1 applies to a person if—

a he was (but is no longer) an asylum-seeker, and

b he fails to cooperate with removal directions issued in respect of him.

2 Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

Fourth class of ineligible person: person unlawfully in United Kingdom¶

7Paragraph 1 applies to a person if—

a he is in the United Kingdom in breach of the immigration laws within the meaning of section 50A of the British Nationality Act 1981 , and

b he is not an asylum-seeker.

Fifth class of ineligible person: failed asylum-seeker with family¶

^C297A

1 Paragraph 1 applies to a person if—

a he—

i is treated as an asylum-seeker for the purposes of Part VI of the Immigration and Asylum Act 1999 (c. 33) (support) by virtue only of section 94(3A) (failed asylum-seeker with dependent child), or

ii is treated as an asylum-seeker for the purposes of Part 2 of this Act by virtue only of section 18(2),

b the Secretary of State has certified that in his opinion the person has failed without reasonable excuse to take reasonable steps—

i to leave the United Kingdom voluntarily, or

ii to place himself in a position in which he is able to leave the United Kingdom voluntarily,

c the person has received a copy of the Secretary of State’s certificate, and

d the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.

2 Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

3 For the purpose of sub-paragraph (1)(d) if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person shall be treated as receiving the copy on the second day after the day on which it was posted.

4 The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d).

Travel assistance¶

^I188The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 ^F295... to leave the United Kingdom.

Temporary accommodation¶

^I199

1 The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.

2 Arrangements for a person by virtue of this paragraph—

a may be made only if the person has with him a dependent child, and

b may include arrangements for a dependent child.

^I2010

1 The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if—

a paragraph 1 applies to him by virtue of paragraph 7, and

b he has not failed to cooperate with removal directions issued in respect of him.

2 Arrangements for a person by virtue of this paragraph—

a may be made only if the person has with him a dependent child, and

b may include arrangements for a dependent child.

Assistance and accommodation: general¶

^I2111Regulations under paragraph 8, 9 or 10 may—

a provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;

b confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;

c provide that arrangements must be made in a specified manner or in accordance with specified principles;

d provide that arrangements may not be made in a specified manner;

e require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;

f require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.

^I2212

1 Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph—

a new arrangements may be made for him under paragraph 8, but

b new arrangements may not be made for him under paragraph 9.

2 Regulations by virtue of this paragraph may include exceptions in the case of a person who—

a has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and

b satisfies any requirements of the regulations for proof of the reason.

Offences¶

1 A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he—

a returns to the United Kingdom, and

b requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.

2 A person commits an offence if he—

a requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and

b fails to mention a previous request by him for the making of arrangements under any of those paragraphs.

3 A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.

Information¶

1 If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority’s area by virtue of paragraph 6, 7 or 7A , the authority must inform the Secretary of State.

2 A local authority shall act in accordance with any relevant guidance issued by the Secretary of State for the purpose of determining whether paragraph 1 applies or may apply to a person in the authority’s area by virtue of paragraph 6, 7 or 7A .

Power to amend Schedule¶

^I2315The Secretary of State may by order amend this Schedule so as—

a to provide for paragraph 1 to apply or not to apply to a class of person;

b to add or remove a provision to or from the list in paragraph 1(1);

c to add, amend or remove a limitation of or exception to paragraph 1.

Orders and regulations¶

^I2416

1 An order or regulations under this Schedule must be made by statutory instrument.

2 An order or regulations under this Schedule may—

a make provision which applies generally or only in specified cases or circumstances or only for specified purposes;

b make different provision for different cases, circumstances or purposes;

c make transitional provision;

d make consequential provision (which may include provision amending a provision made by or under this or another Act).

3 An order under this Schedule, regulations under paragraph 2(1)(d) or (e) or other regulations which include consequential provision amending an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

4 Regulations under this Schedule to which sub-paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation¶

1 In this Schedule—

“asylum-seeker” means a person—
1. who is at least 18 years old,
2. who has made a claim for asylum (within the meaning of section 18(3)), and
3. whose claim has been recorded by the Secretary of State but not determined,
“Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),
“child” means a person under the age of eighteen,
“dependant” and “dependent” shall have such meanings as may be prescribed by regulations made by the Secretary of State,
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
“local authority”—
1. in relation to England and Wales, has the same meaning as in section 129(3),
2. in relation to Scotland, has the same meaning as in section 129(4), and
3. in relation to Northern Ireland, means a health service body within the meaning of section 133(4)(d) and the Northern Ireland Housing Executive (for which purpose a reference to the authority’s area shall be taken as a reference to Northern Ireland),
“the Refugee Convention” means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
“removal directions” means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).

2 For the purpose of the definition of “asylum-seeker” in sub-paragraph (1) a claim is determined if—

a the Secretary of State has notified the claimant of his decision,

b no appeal against the decision can be brought (disregarding the possibility of an appeal out of time with permission), and

c any appeal which has already been brought has been disposed of.

2A For the purposes of the definition of “asylum-seeker” in sub-paragraph (1), a claim is also determined if the Secretary of State has notified the claimant that it has been declared inadmissible under section 80A or 80B.

2B But if a claim is—

a declared inadmissible under section 80B, and

b nevertheless considered by the Secretary of State in accordance subsection (7) of that section,

the claim ceases to be treated as determined from the time of the decision to consider the claim.

3 For the purpose of sub-paragraph (2)(c) an appeal is disposed of when it is no longer pending for the purpose of—

a Part 5 of this Act, or

b the Special Immigration Appeals Commission Act 1997 (c. 68).

4 The giving of directions in respect of a person under a provision of the Immigration Acts is not the provision of assistance to him for the purposes of this Schedule.

^F97Schedule 4 ¶

The Asylum and Immigration Tribunal

^F97Membership¶

^F971. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F972. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F974. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Presidency¶

^F975. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Judicial Assistance¶

^F975A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F975B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Proceedings¶

^F976. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F977. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F978. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Staff¶

^F979. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Money¶

^F9710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F9711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Delegation¶

^F9712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Training etc.¶

^F9713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97Oaths¶

^F9714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F64SCHEDULE 5 ¶

Membership¶

1 ¶

The Lord Chancellor shall appoint the members of the Tribunal.

2 ¶

1 A member—

a may resign by notice in writing to the Lord Chancellor,

b shall cease to be a member on reaching the age of 70, and

c otherwise, shall hold and vacate office in accordance with the terms of his appointment.

2 Sub-paragraph (1)(b) is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c. 8) (extension to age 75).

Presidency¶

3 ¶

The Lord Chancellor shall appoint as President of the Tribunal a member who holds or has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876 (c. 59).

4 ¶

1 The Lord Chancellor shall appoint one legally qualified member of the Tribunal as its Deputy President.

2 The Deputy President—

a may act for the President if the President is unable to act or unavailable, and

b shall perform such functions as the President may delegate or assign to him.

Proceedings¶

5 ¶

The Tribunal shall sit at times and places determined by the Lord Chancellor.

6 ¶

The Tribunal may sit in more than one division.

7 ¶

1 The jurisdiction of the Tribunal may be exercised by such number of its members as the President may direct.

2 A direction under this sub-paragraph—

a may relate to specified proceedings or proceedings of a specified kind,

b may enable jurisdiction to be exercised by a single member,

c may require the member hearing proceedings, or a specified number of the members hearing proceedings, to be legally qualified, and

d may be varied or revoked by a further direction.

Staff¶

8 ¶

The Lord Chancellor may appoint staff for the Tribunal.

Money¶

9 ¶

The Lord Chancellor—

a may pay remuneration and allowances to members of the Tribunal,

b may pay remuneration and allowances to staff of the Tribunal, and

c may defray expenses of the Tribunal.

10 ¶

The Lord Chancellor may pay compensation to a person who ceases to be a member of the Tribunal if the Lord Chancellor thinks it appropriate because of special circumstances.

Interpretation: legally qualified member¶

11 ¶

1 For the purpose of this Schedule a member of the Tribunal is legally qualified if he—

a has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),

b is an advocate or solicitor in Scotland of at least seven years’ standing,

c is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland , of at least seven years’ standing, or

d is appointed by the Lord Chancellor as a legally qualified member.

2 A person may be appointed by the Lord Chancellor under sub-paragraph (1)(d) only if he has legal or other experience which in the Lord Chancellor’s opinion makes him suitable for appointment as a legally qualified member.

SCHEDULE 6 ¶

Immigration and Asylum Appeals: Transitional Provision

Section 114

“Commencement”¶

1In this Schedule “commencement” means the coming into force of Part 5 of this Act.

Adjudicator¶

2Where a person is an adjudicator under section 57 of the Immigration and Asylum Act 1999 (c. 33) immediately before commencement his appointment shall have effect after commencement as if made under section 81 of this Act.

Tribunal¶

1 Where a person is a member of the Immigration Appeal Tribunal immediately before commencement his appointment shall have effect after commencement as if made under Schedule 5.

2 Where a person is a member of staff of the Immigration Appeal Tribunal immediately before commencement his appointment shall have effect after commencement as if made under Schedule 5.

Earlier appeal¶

4In the application of section 96—

a a reference to an appeal or right of appeal under a provision of this Act includes a reference to an appeal or right of appeal under the Immigration and Asylum Act 1999,

b a reference to a requirement imposed under this Act includes a reference to a requirement of a similar nature imposed under that Act,

c a reference to a statement made in pursuance of a requirement imposed under a provision of this Act includes a reference to anything done in compliance with a requirement of a similar nature under that Act, and

d a reference to notification by virtue of this Act includes a reference to notification by virtue of any other enactment.

Saving¶

1 This Schedule is without prejudice to the power to include transitional provision in an order under section 162.

2 An order under that section may, in particular, provide for a reference to a provision of Part 5 of this Act to be treated as being or including a reference (with or without modification) to a provision of the Immigration and Asylum Act 1999 (c. 33).

SCHEDULE 7 ¶

Immigration and Asylum Appeals: Consequential Amendments

Section 114

Immigration Act 1971 (c. 77)¶

1In section 33(4) of the Immigration Act 1971 (c. 77) (pending appeal: interpretation) for paragraphs (a) and (b) substitute “in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeals)”.

2In paragraph 2A(9) of Schedule 2 to that Act (control of entry: person with continuing leave) for “Part IV of the Immigration and Asylum Act 1999” substitute “ Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) ”.

3In paragraph 4(4) of that Schedule (examination and detention of documents) for “an appeal under this Act” substitute “ an appeal under the Nationality, Immigration and Asylum Act 2002 ”.

4In paragraph 8(2) of that Schedule (time within which directions may be given) after “United Kingdom” insert “ (ignoring any period during which an appeal by him under the Immigration Acts is pending) ”.

5In paragraph 25 of that Schedule (rules) for “section 22 of this Act” substitute “ section 106 of the Nationality, Immigration and Asylum Act 2002 (appeals) ”.

6In paragraph 29 of that Schedule (bail pending appeal)—

a in sub-paragraph (1), for the words from “section” to “1999” substitute “ Part 5 of the Nationality, Immigration and Asylum Act 2002 ”, and

b for the words “Appeal Tribunal” substitute, in each place, “ Immigration Appeal Tribunal ”.

7In paragraph 2(2) of Schedule 3 to that Act (deportation) for “section 18 of this Act” substitute “ section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision) ”.

8For paragraph 3 of that Schedule (deportation: effect of appeal) substitute—

House of Commons Disqualification Act 1975 (c. 24)¶

9In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) for “Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999.” substitute “ Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002. ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)¶

10In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) for “Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999.” substitute “ Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002. ”.

^F108...¶

^F10511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13^F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15^F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41)¶

16In Schedule 11 to the Courts and Legal Services Act 1990 (judges &c. barred from legal practice) for “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)” substitute “ Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002 ”.

Tribunals and Inquiries Act 1992 (c. 53)¶

17In paragraph 22 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals)—

a in sub-paragraph (a), for “section 57 of the Immigration and Asylum Act 1999” substitute “ section 81 of the Nationality, Immigration and Asylum Act 2002 ”, and

b in sub-paragraph (b), for “section 56 of that Act” substitute “ section 100 of that Act ”.

Judicial Pensions and Retirement Act 1993 (c. 8)¶

18In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices) for “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)” substitute “Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002”.

19In Schedule 5 to that Act (retirement provisions: the relevant offices) for “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)” substitute “Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002”.

Special Immigration Appeals Commission Act 1997 (c. 68)¶

20The following shall be substituted for section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals)—

2 Jurisdiction: appeals

1 A person may appeal to the Special Immigration Appeals Commission against a decision if—

a he would be able to appeal against the decision under section 82(1) or 83(2) of the Nationality, Immigration and Asylum Act 2002 but for a certificate of the Secretary of State under section 97 of that Act (national security, &c.), or

b an appeal against the decision under section 82(1) or 83(2) of that Act lapsed under section 99 of that Act by virtue of a certificate of the Secretary of State under section 97 of that Act.

2 The following provisions shall apply, with any necessary modifications, in relation to an appeal against an immigration decision under this section as they apply in relation to an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002—

a section 3C of the Immigration Act 1971 (c. 77) (continuation of leave pending variation decision),

b section 78 of the Nationality, Immigration and Asylum Act 2002 (no removal while appeal pending),

c section 79 of that Act (deportation order: appeal),

d section 82(3) of that Act (variation or revocation of leave to enter or remain: appeal),

e section 84 of that Act (grounds of appeal),

f section 85 of that Act (matters to be considered),

g section 86 of that Act (determination of appeal),

h section 87 of that Act (successful appeal: direction),

i section 96 of that Act (earlier right of appeal),

j section 104 of that Act (pending appeal),

k section 105 of that Act (notice of immigration decision), and

l section 110 of that Act (grants).

3 The following provisions shall apply, with any necessary modifications, in relation to an appeal against the rejection of a claim for asylum under this section as they apply in relation to an appeal under section 83(2) of the Nationality, Immigration and Asylum Act 2002—

a section 85(4) of that Act (matters to be considered),

b section 86 of that Act (determination of appeal),

c section 87 of that Act (successful appeal: direction), and

d section 110 of that Act (grants).

4 An appeal against the rejection of a claim for asylum under this section shall be treated as abandoned if the appellant leaves the United Kingdom.

5 A person may bring or continue an appeal against an immigration decision under this section while he is in the United Kingdom only if he would be able to bring or continue the appeal while he was in the United Kingdom if it were an appeal under section 82(1) of that Act.

6 In this section “immigration decision” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002.

21Section 2A of that Act (human rights) shall cease to have effect.

22Section 4 of that Act (determination of appeals) shall cease to have effect.

23In section 5 of that Act (procedure)—

a in subsections (1)(a) and (b) and (2) omit “or 2A”, and

b after subsection (2) insert—

24Section 7A of that Act (pending appeals) shall cease to have effect.

25In paragraph 5 of Schedule 1 to that Act—

a in sub-paragraph (b)(i), for “section 57(2) of the Immigration and Asylum Act 1999” substitute “ section 81(3)(a) of the Nationality, Immigration and Asylum Act 2002 ”, and

b in sub-paragraph (b)(ii), for “paragraph 1(3) of Schedule 2” substitute “ paragraph 11 of Schedule 5 ”.

26Schedule 2 to that Act shall cease to have effect.

Immigration and Asylum Act 1999 (c. 33)¶

^F23027. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28In section 53(4) of that Act (bail) for “this Act” there shall be substituted “ the Nationality, Immigration and Asylum Act 2002 ”.

1 Paragraph 9 of Schedule 4 to that Act (appeals: procedure: Convention cases) shall be amended as follows—

a in sub-paragraph (1)(a), omit “(4), (5)”, and

b omit sub-paragraphs (4) and (5).

2 This paragraph is without prejudice to—

a the effect after commencement of this paragraph of a certificate issued before commencement, or

b the power of the Secretary of State after the commencement of this paragraph to issue a certificate in respect of a claim made before commencement.

Anti-terrorism, Crime and Security Act 2001 (c. 24)¶

30^F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of Crime Act 2002 (c. 29)¶

31The following shall be substituted for paragraph 4 of Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences: England and Wales: people trafficking)—

32In paragraph 4 of Schedule 4 to that Act (lifestyle offences: Scotland: people trafficking) for “section 25(1) of the Immigration Act 1971 (assisting illegal entry etc.)” there shall be substituted “ section 25, 25A or 25B of the Immigration Act 1971 (assisting unlawful immigration etc.) ”.

33The following shall be substituted for paragraph 4 of Schedule 5 to that Act (lifestyle offences: Northern Ireland: people trafficking)—

SCHEDULE 8 ¶

Carriers’ Liability

Section 125

^I25^I42^I551The Immigration and Asylum Act 1999 (c. 33) shall be amended as follows.

^I26^I43^I562

1 Section 32 (penalty for carrying clandestine entrant) shall be amended as follows.

2 After subsection (1)(a) insert—

3 For subsection (2) substitute—

4 For subsection (4) substitute—

5 In subsection (5)—

a in paragraph (a) for the second “or” substitute “ and ”, and

b in paragraphs (b) and (c) for “or” substitute “ and ”.

6 After subsection (5) insert—

7 In subsection (6)(a) and (b) for “or” substitute “ and ”.

8 After subsection (6) insert—

^I27^I44^I573After section 32 insert—

32A Level of penalty: code of practice

1 The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32.

2 The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

a when imposing a penalty under section 32, and

b when considering a notice of objection under section 35(4).

3 Before issuing the code the Secretary of State shall lay a draft before Parliament.

4 After laying the draft code before Parliament the Secretary of State may bring the code into operation by order.

5 The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

6 Subsections (3) and (4) also apply to a revision or proposed revision of the code.

^I28^I45^I584The heading of section 33 (code of practice) becomes “ Prevention of clandestine entrants: code of practice ”.

^I29^I46^I595In section 33(2)(b) omit “both Houses of”.

^I30^I47^I606

1 Section 34 (defence) shall be amended as follows.

2 For subsection (1) substitute—

3 In subsection (3)(c) omit the first “that”.

4 After subsection (3) insert—

5 Omit subsection (5).

6 For subsection (6) substitute—

^I31^I48^I617

1 Section 35 (notification and objection) shall be amended as follows.

2 In subsection (2)(d)(i) for “must” substitute “ may ”.

3 For subsections (3) to (8) substitute—

3 Subsection (4) applies where a person to whom a penalty notice is issued objects on the ground that—

a he is not liable to the imposition of a penalty, or

b the amount of the penalty is too high.

4 The person may give a notice of objection to the Secretary of State.

5 A notice of objection must—

a be in writing,

b give the objector’s reasons, and

c be given before the end of such period as may be prescribed.

6 Where the Secretary of State receives a notice of objection to a penalty in accordance with this section he shall consider it and—

a cancel the penalty,

b reduce the penalty,

c increase the penalty, or

d determine to take no action under paragraphs (a) to (c).

7 Where the Secretary of State considers a notice of objection under subsection (6) he shall—

a inform the objector of his decision before the end of such period as may be prescribed or such longer period as he may agree with the objector,

b if he increases the penalty, issue a new penalty notice under subsection (1), and

c if he reduces the penalty, notify the objector of the reduced amount.

4 In subsection (9)—

a for the first “served” substitute “ issued ”, and

b for “served on” substitute “ issued to ”.

5 At the end add—

^I32^I49^I628After section 35 insert—

35A Appeal

1 A person may appeal to the court against a penalty imposed on him under section 32 on the ground that—

a he is not liable to the imposition of a penalty, or

b the amount of the penalty is too high.

2 On an appeal under this section the court may—

a allow the appeal and cancel the penalty,

b allow the appeal and reduce the penalty, or

c dismiss the appeal.

3 An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty and shall be determined having regard to—

a any code of practice under section 32A which has effect at the time of the appeal,

b the code of practice under section 33 which had effect at the time of the events to which the penalty relates, and

c any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

4 Subsection (3) has effect despite any provision of Civil Procedure Rules.

5 An appeal may be brought by a person under this section against a penalty whether or not—

a he has given notice of objection under section 35(4);

b the penalty has been increased or reduced under section 35(6).

^I33^I50^I639

1 Section 36 (detention of vehicle) shall be amended as follows.

2 In subsection (1)—

a for “given” substitute “ issued ”,

b after paragraph (b) omit “or”, and

c after paragraph (c) insert

3 After subsection (2) insert—

2A A vehicle may be detained under subsection (1) only if—

a the driver of the vehicle is an employee of its owner or hirer,

b the driver of the vehicle is its owner or hirer, or

c a penalty notice is issued to the owner or hirer of the vehicle.

2B A senior officer may detain a relevant vehicle, small ship, small aircraft or rail freight wagon pending—

a a decision whether to issue a penalty notice,

b the issue of a penalty notice, or

c a decision whether to detain under subsection (1).

2C That power may not be exercised in any case—

a for longer than is necessary in the circumstances of the case, or

b after the expiry of the period of 24 hours beginning with the conclusion of the first search of the vehicle, ship, aircraft or wagon by an immigration officer after it arrived in the United Kingdom.

^I34^I51^I6410After section 36 insert—

36A Detention in default of payment

1 This section applies where a person to whom a penalty notice has been issued under section 35 fails to pay the penalty before the date specified in accordance with section 35(2)(c).

2 The Secretary of State may make arrangements for the detention of any vehicle, small ship, small aircraft or rail freight wagon which the person to whom the penalty notice was issued uses in the course of a business.

3 A vehicle, ship, aircraft or wagon may be detained under subsection (2) whether or not the person to whom the penalty notice was issued owns it.

4 But a vehicle may be detained under subsection (2) only if the person to whom the penalty notice was issued—

a is the owner or hirer of the vehicle, or

b was an employee of the owner or hirer of the vehicle when the penalty notice was issued.

5 The power under subsection (2) may not be exercised while an appeal against the penalty under section 35A is pending or could be brought (ignoring the possibility of an appeal out of time with permission).

6 The Secretary of State shall arrange for the release of a vehicle, ship, aircraft or wagon detained under this section if the person to whom the penalty notice was issued pays—

a the penalty, and

b expenses reasonably incurred in connection with the detention.

^I35^I52^I6511

1 Section 37 (effect of detention of transporter) shall be amended as follows.

2 In subsection (1) for “section 36” substitute “ section 36(1) ”.

3 In subsection (2) for “claiming an interest in the transporter,” substitute “ whose interests may be affected by detention of the transporter, ”.

4 In subsection (3)(c) omit “and the applicant has a compelling need to have the transporter released”.

5 After subsection (3) insert—

6 After subsection (5) insert—

7 After subsection (6) add—

^I36^I6612Section 39(rail freight) shall cease to have effect.

^I3713For section 40 (charge in respect of passenger without proper documents) substitute—

40 Charge in respect of passenger without proper documents

1 This section applies if an individual requiring leave to enter the United Kingdom arrives in the United Kingdom by ship or aircraft and, on being required to do so by an immigration officer, fails to produce—

a an immigration document which is in force and which satisfactorily establishes his identity and his nationality or citizenship, and

b if the individual requires a visa, a visa of the required kind.

2 The Secretary of State may charge the owner of the ship or aircraft, in respect of the individual, the sum of £2,000.

3 The charge shall be payable to the Secretary of State on demand.

4 No charge shall be payable in respect of any individual who is shown by the owner to have produced the required document or documents to the owner or his employee or agent when embarking on the ship or aircraft for the voyage or flight to the United Kingdom.

5 For the purpose of subsection (4) an owner shall be entitled to regard a document as—

a being what it purports to be unless its falsity is reasonably apparent, and

b relating to the individual producing it unless it is reasonably apparent that it does not relate to him.

6 For the purposes of this section an individual requires a visa if—

a under the immigration rules he requires a visa for entry into the United Kingdom, or

b as a result of section 41 he requires a visa for passing through the United Kingdom.

7 The Secretary of State may by order amend this section for the purpose of applying it in relation to an individual who—

a requires leave to enter the United Kingdom, and

b arrives in the United Kingdom by train.

8 An order under subsection (7) may provide for the application of this section—

a except in cases of a specified kind;

b subject to a specified defence.

9 In this section “immigration document” means—

a a passport, and

b a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport.

10 The Secretary of State may by order substitute a sum for the sum in subsection (2).

40A Notification and objection

1 If the Secretary of State decides to charge a person under section 40, the Secretary of State must notify the person of his decision.

2 A notice under subsection (1) (a “charge notice”) must—

a state the Secretary of State’s reasons for deciding to charge the person,

b state the amount of the charge,

c specify the date before which, and the manner in which, the charge must be paid,

d include an explanation of the steps that the person may take if he objects to the charge, and

e include an explanation of the steps that the Secretary of State may take under this Part to recover any unpaid charge.

3 Where a person on whom a charge notice is served objects to the imposition of the charge on him, he may give a notice of objection to the Secretary of State.

4 A notice of objection must—

a be in writing,

b give the objector’s reasons, and

c be given before the end of such period as may be prescribed.

5 Where the Secretary of State receives a notice of objection to a charge in accordance with this section, he shall—

a consider it, and

b determine whether or not to cancel the charge.

6 Where the Secretary of State considers a notice of objection, he shall inform the objector of his decision before the end of—

a such period as may be prescribed, or

b such longer period as he may agree with the objector.

7 Any sum payable to the Secretary of State as a charge under section 40 may be recovered by the Secretary of State as a debt due to him.

8 In proceedings for enforcement of a charge under subsection (7) no question may be raised as to the validity of the charge.

9 Subsections (12) and (13) of section 35 shall have effect for the purpose of this section as they have effect for the purpose of section 35(1), (7) and (10).

40B Appeal

1 A person may appeal to the court against a decision to charge him under section 40.

2 On an appeal under this section the court may—

a allow the appeal and cancel the charge, or

b dismiss the appeal.

3 An appeal under this section—

a shall be a re-hearing of the Secretary of State’s decision to impose a charge, and

b may be determined having regard to matters of which the Secretary of State was unaware.

4 Subsection (3)(a) has effect despite any provision of Civil Procedure Rules.

5 An appeal may be brought by a person under this section against a decision to charge him whether or not he has given notice of objection under section 40A(3).

14Section 42(power to detain vehicle, &c. carrying person without proper travel documents) shall cease to have effect.

15In section 43 (interpretation) (which becomes subsection (1))—

a in the definition of “concealed” for “or aircraft” substitute “ , aircraft or rail freight wagon ”,

b omit the definition of “court”,

c after the definition of “equipment” insert—

d in the definition of “owner” omit paragraph (b) and the word “and” immediately preceding it,

e for the definition of “rail freight wagon” substitute—

f after the definition of “ship” insert—

g in the definition of “transporter” for “or aircraft” substitute “ , aircraft or rail freight wagon ”, and

h at the end insert—

^I38^I6716

^I531 Schedule 1 (sale of transporter) shall be amended as follows.

2 In paragraph 1(2)(a) omit “or charge”.

^I533 After paragraph 2 insert—

4 In paragraph 5(1) omit “or 42”.

5 In paragraph 5(2)(d) omit “or charge”.

^I39^I6817

1 This paragraph applies to a code of practice which—

a has effect, before the coming into force of paragraph 12 of this Schedule, by virtue of sections 33 and 39 of the Immigration and Asylum Act 1999 (c. 33) (power to apply provisions about carriers’ liability to rail freight), and

b could be issued under section 33 of that Act after the coming into force of paragraph 2 of this Schedule.

2 A code of practice to which this paragraph applies—

a shall continue to have effect after the coming into force of paragraph 12 of this Schedule, and

b shall be treated after that time as if made and brought into operation under section 33 alone.

^I40SCHEDULE 9 ¶

Repeals

Section 161

Short title and chapter	Extent of repeal
Immigration Act 1971 (c. 77)	In section 3(9)(b), the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode”. Section 7(1)(a). Section 24A(4). Section 25A(7). In section 26(3) the word “or” after paragraph (c). In section 28(1) the words “, 24A, 25”. In section 28A— subsection (4), in subsection (10), “, (4)(b)”, and in subsection (11), “, (4)”. Section 29. Section 31(d).
Race Relations Act 1976 (c. 74)	Section 19E(7). In section 71A(1), the words “(within the meaning of section 19D(1))”.
British Nationality Act 1981 (c. 61)	In section 3(6), paragraph (c) and the word “and” immediately preceding it. Sections 7 to 9. In section 10— in subsection (1), the words “, if a woman,”, and in subsection (2), the words “if a woman,”. In section 17(6), paragraph (c) and the word “and” immediately preceding it. Sections 19 to 21. In section 22— in subsection (1), the words “, if a woman,”, and in subsection (2), the words “if a woman,”. Section 27(2). Section 28. Section 33. Section 44(2) and (3). Section 47. In Schedule 1— in paragraph 4(c), the words “and (e)”, and in paragraph 8(c), the words “and (e)”. In Schedule 2— in paragraphs 1(1)(b) and 2(1)(b), the words “he is born legitimate and”, and in paragraph 3(1)(b), the words “had attained the age of ten but”. In Schedule 4— in paragraph 2, in the second column of the Table, the entry relating to section 29(1) of the Immigration Act 1971, and paragraph 6.
British Nationality (Falkland Islands) Act 1983 (c. 6)	Section 4(3)(b).
British Nationality (Hong Kong) Act 1990 (c. 34)	Section 1(5).
Asylum and Immigration Act 1996 (c. 49)	Section 5.
Special Immigration Appeals Commission Act 1997 (c. 68)	Section 2A. Section 4. In section 5(1)(a) and (b) and (2), the words “or 2A”. Section 7A. Schedule 2.
Immigration and Asylum Act 1999 (c. 33)	In section 10(1)(c), the words “(“the first directions”)” and “(“the other person”)”. Section 15. Section 29. In section 33(2)(b), the words “both Houses of”. In section 34— in subsection (3)(c), the first “that”, and subsection (5). In section 36(1), the word “or” immediately preceding paragraph (c). In section 37(3)(c), the words “and the applicant has a compelling need to have the transporter released”. Section 38(1) and (3). Section 39. Section 42. In section 43, in the definition of “owner” paragraph (b) and the word “and” immediately preceding it. Sections 44 to 52. Section 53(5). Section 55. Sections 56 to 81. Section 94(5) and (6). Section 96(4) to (6). In section 147, the definition of “detention centre”. Section 166(4)(e). In Schedule 1— in paragraph 1(2)(a), the words “or charge”, in paragraph 5(1), the words “or 42”, and in paragraph 5(2)(d), the words “or charge”. In paragraph 9 of Schedule 4, the words “(4), (5)” in sub-paragraph (1)(a), and sub-paragraphs (4) and (5). Schedules 2 to 4. In Schedule 8, paragraphs 2 and 6. In Schedule 14, paragraphs 46(a), 51, 53, 66, 96, 98(2) and (3), 120 to 121 and 126 to 129.
Race Relations (Amendment) Act 2000 (c. 34)	In Schedule 2, paragraphs 23 to 29 and 32 to 40.

Footnotes

I1
S. 1 wholly in force at 1.11.2005; s. 1 not in force at Royal Assent see s. 162(2); s. 1(3)(4) in force at 6.7.2004 by S.I. 2004/1707, art. 2; s. 1(1)(2) in force at 1.11.2005 by S.I. 2005/2782, art. 3(1) (subject to art. 3(2))
I2
S. 5 in force at Royal Assent with effect in accordance with s. 162(3)
I3
S. 9 wholly in force at 1.7.2006; S. 9 not in force at Royal Assent see s. 162; s. 9 in force at 5.6.2006 for specified purposes and in force at 1.7.2006 so far as not already in force by S.I. 2006/1498, art. 2
I4
S.10 partly in force; s.10(1)-(4)(6) in force at Royal Assent see s. 162(2); s. 10(5)(b) in force at 21.12.2006 by S.I. 2006/3144, art. 2
F1
Words in s. 10(2)(c) substituted (5.11.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 50(5), 62; S.I. 2007/3138, art. 5(i)
F2
S. 10(2)(e) ceases to have effect (2.4.2007) and repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52, 61, 62, Sch. 2 para. 4(a), Sch. 3; S.I. 2007/1109, arts. 4, 5, Sch. (subject to art. 6)
F3
Words in s. 10(2)(f) substituted (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13) ss. 52, 62, {Sch. 2 para. 4(b)}; S.I. 2007/1109, art. 4
F4
Words in s. 16(3)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 146, 148, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2, Sch. 1
I5
S. 18 partly in force; s. 18 not in force at Royal Assent see s. 162(2); s. 18 in force for certain purposes at 8.1.2003 and for further certain purposes at 10.2.2003 by S.I. 2003/1, art. 2, Sch.
I6
S. 35 partly in force; s. 35(1)(h) in force at Royal Assent see s. 162(2)
F5
Words in s. 36(9)(a) substituted (1.9.2005 for E. and otherwise prosp.) by Education Act 2005 (c. 18), ss. 61, 125, Sch. 9 para. 30; S.I. 2005/2034, art. 4
I7
S. 40(1) partly in force; s. 40(1) in force at Royal Assent see s. 162(2)
I8
S. 41(1) partly in force; s. 41(1) in force at Royal Assent see s. 162(2)
F6
S. 45(7) repealed (coming into force in accordance with s. 8(5)(6) of the repealing Act) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)
F7
S. 46(4) substituted (5.10.2005) for s. 46(4)(5) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 6
F8
S. 52 repealed (14.6.2007) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 47, 48(1)-(3), Sch. 4; S.I. 2007/1602, art. 2(2), Sch. (with art. 2(3)(4))
I9
S. 54 wholly in force at 8.1.2003; s. 54 not in force at Royal Assent see s. 162(2); s. 54 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
C1
S. 55(1)(b) referred to (15.6.2005) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), reg. 16(2)
F9
S. 62(15)(16) repealed (14.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 16(2)-(4)
I10
S. 72 wholly in force at 1.4.2003; s. 72 not in force at Royal Assent see s. 162(2); s. 72(1)-(8)(11) in force at 10.2.2003 by S.I. 2003/1, art. 2, Sch.; s. 72(9)(10) in force at 1.4.2003 by S.I. 2003/754, art. 2, Sch. 1
F10
Word in s. 72(10) omitted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 17; S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C2
S. 72(10)(a) restricted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 55(3)(5), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
C3
S. 77 excluded by 1999 c. 33, s. 11(2) (as substituted (1.4.2003) by 2002 c. 41, ss. 80, 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with Sch. 2 paras. 5, 6(3))
S. 77 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(2) (with arts. 3, 4, Sch. 2 (as amended by: S.I. 2003/1040; S.I. 2003/1339; and S.I. 2003/2993))
S. 77 restricted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33, 48(1)-(3), Sch. 3 paras. 4, 9, 14, 18; S.I. 2004/2523, art. 2, Sch. (with art. 3)
C4
S. 78 applied (with modifications) by 1997 c. 68, s. 2(2)(b) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
S. 78 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(3) (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
C5
S. 79 applied (with modifications) by 1997 c. 68, s. 2(2)(c) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
S. 79 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(4) (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
F11
S. 80 repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33(3)(a), 47, 48(1)-(3), Sch. 4; S.I. 2004/2523, art. 2, Sch. (with art. 3)
C6
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
C7
S. 84 applied (with modifications) by 1997 c. 68, s. 2(2)(e) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
C8
S. 85 applied (with modifications) by 1997 c. 68, s. 2(2)(f) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))
F12
Words in s. 85 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C9
S. 85(4) applied (with modifications) by 1997 c. 68, s. 2(3)(a) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
F13
Words in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F14
Word in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C10
S. 86 applied (with modifications) by 1997 c. 68, s. 2(2)(g)(3)(b) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))
F15
Words in s. 86 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F16
Word in s. 86 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F17
S. 81 and preceding cross-heading substituted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(1), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C11
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
I11
S. 94 wholly in force at 1.4.2003; s. 94 not in force at Royal Assent see s. 162(2); s. 94(5) in force for certain purposes at 10.2.2003 by S.I. 2003/249, art. 2, Sch.; s. 94 in force at 1.4.2003 insofar as not already in force by virtue of S.I. 2003/754, art. 2, Sch. 1
C12
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
F18
S. 94(4)(a)-(j) repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(4), 47, 48(1)-(3), Sch. 4; S.I. 2004/2523, art. 2, Sch.
F19
S. 94(4)(k)-(q) added (1.4.2003) by The Asylum (Designated States) Order 2003 (S.I. 2003/970), art. 3
F20
S. 94(4)(l)(q) omitted (1.1.2007) by virtue of The Asylum (Designated States) (Amendment) Order 2006 (S.I. 2006/3215), art. 2
F21
S. 94(4)(m) omitted (27.7.2007) by virtue of The Asylum (Designated States) Order 2007 (S.I. 2007/2221), art. 3 (with art. 1)
F22
S. 94(4)(r)-(x) added (23.7.2003) by The Asylum (Designated States) (No. 2) Order 2003 (S.I. 2003/1919), art. 2
F23
S. 94(4)(r) omitted (22.4.2005) by virtue of The Asylum (Designated States) (Amendment) Order 2005 (S.I. 2005/1016), art. 2
F24
S. 94(4)(v) omitted (13.12.2006) by virtue of The Asylum (Designated States) (Amendment) (No. 2) Order 2006 (S.I. 2006/3275), art. 2
F25
S. 94(4)(y) added (15.2.2005) by The Asylum (Designated States) Order 2005 (S.I. 2005/330), art. 2 (with art. 1)
F26
S. 94(4)(z)-(bb) added (2.12.2005) by The Asylum (Designated States) (No. 2) Order 2005 (S.I. 2005/3306), art. 2
F27
S. 94(4)(cc)-(mm) added (27.7.2007) by The Asylum (Designated States) Order 2007 (S.I. 2007/2221), art. 2 (with art. 1)
F28
S. 94(5A)-(5C) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(5), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.
F29
S. 94(5D) inserted (1.12.2007) by The Asylum (Procedures) Regulations 2007 (S.I. 2007/3187), reg. 3
F30
S. 94(6) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(6), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.
F31
S. 94(6A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(7), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.
C13
S. 96 applied (with modifications) by 1997 c. 68, s. 2(2)(i) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and S.I. 2003/1339))
F32
S. 96(1)(2) substituted (1.10.2004) for s. 96(1)-(3) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(2), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.
C14
S. 96(1)(a) modified (1.4.2003) by S.I. 2000/2326, reg. 33(3) (as inserted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(9))
S. 96(1)(a) modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 31(2), Sch. 2 para. 4(7)
F33
Words in s. 96(5) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(3), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.
F34
S. 96(7) added (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(4), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.
C15
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
C16
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
F35
S. 97A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(1), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
F36
Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)
C17
Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))
Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
F37
Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)
C18
S. 101(1) extended (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4A) (as amended by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)
C19
S. 101(2)(3) applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)
C20
Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))
Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
S. 102 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)
F38
Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)
C21
Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))
Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
S. 103 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)
F39
Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)
C22
S. 104 applied (with modifications) by 1997 c. 68, s. 2(2)(j) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
F40
S. 104(3) omitted (4.4.2005) and repealed (prosp.) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, 48(1)-(3), Sch. 2 para. 20(b), Sch. 4; S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F41
S. 104(4)-(4C) substituted (13.11.2006) for s. 104(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 9, 62; S.I. 2006/2838, art. 3
C23
S. 105 applied (with modifications) by 1997 c. 68, s. 2(2)(k) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
C24
S. 106 extended by 1981 c. 61, s. 40A(7) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
F42
Words in s. 106(4) omitted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 21(t) and words in said subprovision repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 47, 48(1)-(3), Sch. 4 ; S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C25
S. 107 extended by 1981 c. 61, s. 40A(8) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
F43
S. 107(2) omitted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 22(1)(b) and said subprovision repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 47, 48(1)-(3), Sch. 4 ; S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F44
Words in s. 108(2) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 23(b); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C26
S. 110 applied (with modifications) by 1997 c. 68, s. 2(2)(l)(3)(d) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
C27
S. 110 extended by 2001 c. 24, s. 27(10) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 30 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
F45
S. 110 ceases to have effect (16.6.2006) and it is repealed (prosp.) by Immigration, Asylum and Nationality Act 2006 (c. 13) {ss. 10}, 61, 62, {Sch. 3}; S.I. 2006/1497, art. 3, Sch.
F46
Words in s.112(5) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 11; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
F47
S. 112(5A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(8), 48(1)-(3); S.I. 2005/2523, art. 2, Sch.
F48
S. 112(5B) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(2), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
I12
S. 114 wholly in force at 1.4.2003; s. 114 not in force at Royal Assent see s. 162(2); s. 114(3) in force at 10.2.2003 by S.I. 2003/1, art. 2, Sch.; s. 114(1)(2) in force at 1.4.2003 by S.I. 2003/754, art. 2, Sch. 1
C28
S. 120 applied (1.4.2003) by S.I. 2000/2326, reg. 26A (as inserted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(7)
F49
S. 122 ceases to have effect (2.4.2007) and repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52, 61, 62, Sch. 2 para. 5, Sch. 3; S.I. 2007/1109, art. 5, Sch. (subject to saving in entry in Sch.)
I13
S. 123 wholly in force at 1.4.2004; s. 123 not in force at Royal Assent see s. 162; s. 123 in force at 1.4.2004 by S.I. 2003/754, art. 2, Sch. 1 (as amended by S.I. 2003/1339 and S.I. 2003/2993)
I14
S. 125 partly in force; s. 125 not in force at Royal Assent see s. 162(2); s. 125 in force at 14.11.2002 and 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
F50
Words in s. 133(4)(a)(ii) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(b) (with Sch. 3 Pt. 1)
F51
S. 133(4)(a)(iia) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 128; S.I. 2004/759, art. 2
F52
S. 133(4)(a)(v) and preceding word repealed (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 196, 199, Sch. 13 para. 12(a), Sch. 14 Pt. 7; S.I. 2005/457, art. 2
F53
S. 133(4)(b)(i) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(e) (with Sch. 3 Pt. 1)
F54
Words in s. 133(4)(b)(ii) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(f) (with Sch. 3 Pt. 1)
F55
S. 133(4)(b)(iii) and preceding word repealed (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 196, 199, Sch. 13 para. 12(b), Sch. 14 Pt. 7; S.I. 2005/457, art. 2
F56
Word in s. 133(4)(c) repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(4)(a), Sch. 4; S.I. 2005/121, art. 2(2)
F57
Word in s. 133(4)(d) repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(5)(a), Sch. 4; S.I. 2005/121, art. 2(2)
F58
S. 145 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141, Sch. 6 para. 48, Sch. 7; S.I. 2004/874, art. 2
F59
S. 146 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141, Sch. 6 para. 48, Sch. 7; S.I. 2004/874, art. 2
I15
S. 147 wholly in force at 1.5.2004; s. 147 not in force at Royal Assent see s. 162(2); s. 147(1)(3)(4) in force and s. 147(2) in force for certain purposes at 1.4.2003 by S.I. 2003/754, art. 2, Sch. 1; s. 147 in force at 1.5.2004 in so far as not already in force by S.I. 2004/1201, art. 2
F60
S. 158 ceases to have effect (30.3.2006) and repealed (prosp.) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 61, 62, 64(3)(c), Sch. 3
F61
S. 158(1) substituted (1.10.2004) for s. 158(1)(2) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 44, 48(1)-(3); S.I. 2004/2523, art. 2, Sch.
I16
S. 161 partly in force; s. 161 in force in relation to specified entry in Sch. 9 at Royal Assent see s. 162(2); s. 161 in force at 8.12.2002 in relation to further specified entries in Sch. 9 by S.I. 2002/2811, art. 2, Sch.; s. 161 in force at 10.2.2003 in relation to further specified entries by S.I. 2003/1, art. 2, Sch.; s. 161 in force at 1.4.2003 in relation to further specified entries by S.I. 2003/754, art. 2, Sch. 1
P1
S. 162(1)(6) power partly exercised: different dates appointed for specified provisions by S.I. 2002/2811, art. 2, Sch.; different dates appointed for specified provisions and purposes by {S.I. 2003/1}, art. 2, Sch; 10.2.2003 for specified provisions and purposes by {S.I. 2003/249}, art. 2, Sch.; different dates appointed for specified provisions and purposes by {S.I. 2003/754}, art. 2, Sch. 1 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993); 8.4.2003 by {S.I. 2003/1040}, art. 1; 9.6.2003 by {S.I. 2003/1339}, art. 2; 19.11.2003 by {S.I. 2003/2993}, art. 2; 1.1.2004 for specified provisions by {S.I. 2003/3156}, art. 2 (with arts. 3, 4); 1.5.2004 for specified provision by {S.I. 2004/1201}, art. 2; different dates appointed for specified provisions by {S.I. 2004/1707}, arts. 2, 3; 10.12.2004 for specified provision by {S.I. 2004/2998}, art. 2; 1.11.2005 for specified provision by {S.I. 2005/2782}, {art. 3(1)} (subject to art. 3(2))
P2
S. 162(1) power exercised: 30.7.2003 appointed for specified provisions by {S.I. 2003/1747}, art. 2; 21.12.2006 appointed for specified provision by {S.I. 2006/3144}, art. 2
P3
S. 162(1)(5) power exercised: different dates appointed for specified provisions and purposes by {S.I. 2006/1498}, arts. 2, 3
P4
S. 162(4) power fully exercised: 1.4.2003 appointed by {S.I. 2003/754}, art. 2(2)
I17
Sch. 3 para. 2 wholly in force at 8.1.2003; Sch. 3 para. 2 not in force at Royal Assent see s. 162(2); Sch. 3 para. 2 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
C29
Sch. 3 para. 7A: power to repeal conferred (prosp.) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 44, 62
I18
Sch. 3 para. 8 wholly in force at 8.1.2003; Sch. 3 para. 8 not in force at Royal Assent see s. 162(2); Sch. 3 para. 8 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
I19
Sch. 3 para. 9 wholly in force at 8.1.2003; Sch. 3 para. 9 not in force at Royal Assent see s. 162(2); Sch. 3 para. 9 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
I20
Sch. 3 para. 10 wholly in force at 8.1.2003; Sch. 3 para. 10 not in force at Royal Assent see s. 162(2); Sch. 3 para. 10 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
I21
Sch. 3 para. 11 wholly in force at 8.1.2003; Sch. 3 para. 11 not in force at Royal Assent see s. 162(2); Sch. 3 para. 11 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
I22
Sch. 3 para. 12 wholly in force at 8.1.2003; Sch. 3 para. 12 not in force at Royal Assent see s. 162(2); Sch. 3 para. 12 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
F62
Words in Sch. 3 para. 14(1)(2) substituted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 9(2), 48(1)-(3); S.I. 2004/2999, art. 2, Sch. (with transitional provisions in art. 4)
I23
Sch. 3 para. 15 wholly in force at 8.1.2003; Sch. 3 para. 15 not in force at Royal Assent see s. 162(2); Sch. 3 para. 15 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
I24
Sch. 3 para. 16 wholly in force at 8.1.2003; Sch. 3 para. 16 not in force at Royal Assent see s. 162(2); Sch. 3 para. 16 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
F63
Sch. 3 para. 7A and preceding cross-heading inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 9(1), 48(1)-(3); S.I. 2004/2999, art. 2, Sch. (with transitional provisions in art. 4)
F64
Sch. 5 repealed (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(b), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F65
Sch. 7 para. 13 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d) (subject to art. 3)
F66
Sch. 7 para. 15 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d) (subject to art. 3)
F67
Sch. 7 para. 30 repealed (14.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 16(2)(3)(4)
I25
Sch. 8 para. 1 partly in force; Sch. 8 para. 1 not in force at Royal Assent see s. 162(2); Sch. 8 para. 1 in force at 14.11.2002 and 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I26
Sch. 8 para. 2 partly in force; Sch. 8 para. 2 not in force at Royal Assent see s. 162(2); Sch. 8 para. 2 in force at 14.11.2002 and 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I27
Sch. 8 para. 3 partly in force; Sch. 8 para. 3 not in force at Royal Assent see s. 162(2); Sch. 8 para. 3 in force at 14.11.2002 and 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I28
Sch. 8 para. 4 partly in force; Sch. 8 para. 4 not in force at Royal Assent see s. 162(2); Sch. 8 para. 4 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I29
Sch. 8 para. 5 partly in force; Sch. 8 para. 5 not in force at Royal Assent see s. 162(2); Sch. 8 para. 5 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I30
Sch. 8 para. 6 partly in force; Sch. 8 para. 6 not in force at Royal Assent see s. 162(2); Sch. 8 para. 6 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I31
Sch. 8 para. 7 partly in force; Sch. 8 para. 7 not in force at Royal Assent see s. 162(2); Sch. 8 para. 7 in force at 14.11.2002 and 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I32
Sch. 8 para. 8 partly in force; Sch. 8 para. 8 not in force at Royal Assent see s. 162(2); Sch. 8 para. 8 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I33
Sch. 8 para. 9 partly in force; Sch. 8 para. 9 not in force at Royal Assent see s. 162(2); Sch. 8 para. 9 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I34
Sch. 8 para. 10 partly in force; Sch. 8 para. 10 not in force at Royal Assent see s. 162(2); Sch. 8 para. 10 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I35
Sch. 8 para. 11 partly in force; Sch. 8 para. 11 not in force at Royal Assent see s. 162(2); Sch. 8 para. 11 in force at 14.11.2002 and 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I36
Sch. 8 para. 12 partly in force; Sch. 8 para. 12 not in force at Royal Assent see s. 162(2); Sch. 8 para. 12 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I37
Sch. 8 para. 13 wholly in force at 8.12.2002; Sch. 8 para. 13 not in force at Royal Assent see s. 162(2); Sch. 8 para. 13 in force at 14.11.2002 for certain purposes and wholly in force at 8.12.2002 by S.I. 2002/2811, art. 2, Sch.
I38
Sch. 8 para. 16 partly in force; Sch. 8 para. 16 not in force at Royal Assent see s. 162(2); Sch. 8 para. 16 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I39
Sch. 8 para. 17 partly in force; Sch. 8 para. 17 not in force at Royal Assent see s. 162(2); Sch. 8 para. 17 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I40
Sch. 9 partly in force; Sch. 9 in force in relation to specified entry at Royal Assent see s. 162(2); Sch. 9 in force in relation to further specified entries: at 8.12.2002 by S.I. 2002/2811, art. 2, Sch.; 10.2.2003 by S.I. 2003/1, art. 2, Sch.; 1.4.2003 by S.I. 2003/754, art. 2, Sch. 1
F68
S. 130 repealed (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 40(6)(b), 59(2), Sch.; S.I. 2008/99, art. 2(m)(n)
F69
S. 131(a)-(c) substituted for words (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 43, 59(2); S.I. 2008/99, art. 2(m)
C30
Pt. 2 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(a), Sch. 1
C31
Sch. 3 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(b), Sch. 2
F70
S. 34 repealed (1.4.2008) by UK Borders Act 2007 (c. 30), ss. 54(b), 59(2); S.I. 2008/309, art. 4(e)
F71
S. 88A substituted for ss. 88A, 90, 91 (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 4(1), 62(1)(2); S.I. 2008/310, art. 3(a) (with art. 4) (as amended (9.7.2012) by S.I. 2012/1531, art. 2 (with art. 3))
F72
S. 111 repealed (1.4.2008) by UK Borders Act 2007 (c. 30), ss. 54(c), 59(2); S.I. 2008/309, art. 4(e)
F73
S. 142 repealed (1.4.2008) by UK Borders Act 2007 (c. 30), ss. 54(d), 59(2); S.I. 2008/309, art. 4(e)
F74
Words in s. 72(11)(b)(i) substituted (1.8.2008) by UK Borders Act 2007 (c. 30), ss. 39(2), 59(2); S.I. 2008/1818, art. 2(b)
F75
S. 72(11)(b)(ia) inserted (1.8.2008) by UK Borders Act 2007 (c. 30), ss. 39(3), 59(2); S.I. 2008/1818, art. 2(b)
F76
S. 79(3)(4) added (1.8.2008 for specified purposes) by UK Borders Act 2007 (c. 30), ss. 35(2), 59(2); S.I. 2008/1818, art. 2(a), Sch.
F77
Words in s. 36(6) substituted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 197
F78
Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)
F79
S. 11 repealed (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 48(2), 58(2), Sch. Pt. 2 (with s. 48(3)); S.I. 2009/2731, art. 4(g)(j)
F80
S. 131(b)(ba)(bb) substituted for s. 131(b) (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 47(4), 58(2); S.I. 2009/2731, art. 4(f)
F81
Words in Sch. 3 para. 7(a) substituted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 48(6), 58(2); S.I. 2009/2731, art. 4(g)
F82
S. 106(1) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 27(a) (with Sch. 4)
F83
S. 106(1A) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 27(a) (with Sch. 4)
F84
S. 106(2) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 27(a) (with Sch. 4)
F85
S. 106(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 27(b) (with Sch. 4)
F86
Words in s. 106(4) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 27(c) (with Sch. 4)
F87
S. 104(2) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 26(a) (with Sch. 4)
F88
Words in s. 104(4B)(b) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 26(b) (with Sch. 4)
F89
S. 107(3A) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 28(c) (with Sch. 4)
F90
S. 107(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 28(b) (with Sch. 4)
F91
S. 107(1A) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 28(a) (with Sch. 4)
F92
S. 107(1) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 28(a) (with Sch. 4)
F93
S. 107(4)-(7) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 28(a) (with Sch. 4)
F94
Words in s. 112(2) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 29(a) (with Sch. 4)
F95
S. 112(6)(7) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 29(c) (with Sch. 4)
F96
Words in s. 112(3) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 29(b) (with Sch. 4)
F97
Sch. 4 omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 30 (with Sch. 4)
F98
Ss. 103A-103E omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 25 (with Sch. 4 paras. 2-13, 1920)
F99
S. 72(10A) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 21 (with Sch. 4)
F100
S. 81 substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 22 (with Sch. 4)
F101
S. 94(4)(nn)(oo) inserted (3.3.2010) by The Asylum (Designated States) Order 2010 (S.I. 2010/561), arts. 2, 3 (with art. 2)
F102
Words in s. 36(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(2)(a)
F103
Words in s. 36(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(2)(b)
F104
Words in s. 37 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(3)
F105
Sch. 7 para. 11 repealed (E.W.S.) by 2010 c. 15, Sch. 27 Pt. 1 Table (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))
F106
Sch. 7 para. 12 repealed (E.W.S.) by 2010 c. 15, Sch. 27 Pt. 1 Table (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))
F107
Sch. 7 para. 14 repealed (E.W.S.) by 2010 c. 15, Sch. 27 Pt. 1 Table (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))
F108
Sch. 7 para. 14 cross-heading repealed (E.W.S.) by 2010 c. 15, Sch. 27 Pt. 1 Table (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))
F109
S. 133(4)(c)(iia) inserted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), Sch. 2 para. 5
F110
S. 55(4)(d) and word inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 3(b)
F111
Word in s. 55(4)(b) omitted (28.3.2012) by virtue of The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 3(a)
F112
Sch. 3 para. 1(1)(ka) inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 4
I41
S. 125 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I42
Sch. 8 para. 1 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I43
Sch. 8 para. 2 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I44
Sch. 8 para. 3 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I45
Sch. 8 para. 4 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I46
Sch. 8 para. 5 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I47
Sch. 8 para. 6 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I48
Sch. 8 para. 7 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I49
Sch. 8 para. 8 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I50
Sch. 8 para. 9 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I51
Sch. 8 para. 10 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I52
Sch. 8 para. 11 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I53
Sch. 8 para. 16(1)(3) in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
F113
Word in Sch. 3 para. 1(1)(g) inserted (1.4.2011 for E., 19.6.2012 in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 22(6), 44(4); S.I. 2010/2981, art. 4(g); S.I. 2012/1553, art. 2(a)
F114
S. 116 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
F115
Words in s. 135(2)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 96 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F116
S. 133(4)(ai) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F117
S. 133(4)(a)(ia)-(ic) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 107(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F118
S. 133(4)(c)(ai) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F119
S. 133(4)(d)(iia) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F120
S. 133(4)(a)(iii) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 107(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F121
Word in s. 133(4)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F122
S. 133(4)(a)(vi) and word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F123
S. 133(4)(b)(iv) and word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F124
Word in s. 133(4)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F125
S. 133(4)(c)(iii) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(4)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F126
S. 133(4)(d)(iv) and word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F127
S. 133(4)(a)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 107(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F128
Words in s. 99(1) omitted (8.5.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 51(2)(a), 61(2); S.I. 2013/1042, art. 2(i)
F129
S. 97A(1A) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(2), 61(2); S.I. 2013/1042, art. 4(c)
F130
Ss. 97A(2A)-(2L) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(4), 61(2); S.I. 2013/1042, art. 4(c)
F131
S. 97A(2)(c) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(3), 61(2); S.I. 2013/1042, art. 4(c)
C32
S. 97A applied (with modifications) by S.I. 2006/1003, reg. 28A (as inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 24)
C33
S. 126(4)-(7) applied by 1981 c. 61, s. 41(IZB) (as inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 10(3), 75(3); S.I. 2014/1820, art. 3(i))
F132
S. 126(8A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 14(3), 75(3); S.I. 2014/1820, art. 3(m)
F133
Words in s. 126(1)(a) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(2)(a); S.I. 2014/1820, art. 3(z)
F134
Words in s. 126(1)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(2)(b); S.I. 2014/1820, art. 3(z)
F135
Words in s. 126(1)(c) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(2)(b); S.I. 2014/1820, art. 3(z)
F136
S. 126(2)(d)(e) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 8(2), 75(3); S.I. 2014/1820, art. 3(g)
F137
S. 126(4)(fa) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 8(3), 75(3); S.I. 2014/1820, art. 3(g)
F138
Word in s. 126(4)(a) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(3); S.I. 2014/1820, art. 3(z)
F139
Word in s. 126(4)(b) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(3); S.I. 2014/1820, art. 3(z)
F140
Word in s. 126(4)(c) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(3); S.I. 2014/1820, art. 3(z)
F141
Words in s. 126(9) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 8(4), 75(3); S.I. 2014/1820, art. 3(g)
F142
Words in s. 126(9) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(4); S.I. 2014/1820, art. 3(z)
F143
Words in s. 126(9) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 3(5); S.I. 2014/1820, art. 3(z)
F144
Pt. 5A inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 19, 75(3); S.I. 2014/1820, art. 3(o)
F145
S. 78A inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 2, 75(3); S.I. 2014/1820, art. 3(a)
F146
S. 94B inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 17(3), 75(3); S.I. 2014/1820, art. 3(n)
F147
Words in s. 127(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 4(2); S.I. 2014/1820, art. 3(z)
F148
Word in s. 127(2)(a)(b) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 4(3); S.I. 2014/1820, art. 3(z)
F149
S. 127(3)(aa) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 4(4)(a); S.I. 2014/1820, art. 3(z)
F150
Word in s. 127(3)(b) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 4(4)(b); S.I. 2014/1820, art. 3(z)
F151
S. 127(3)(c) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 4(4)(c); S.I. 2014/1820, art. 3(z)
F152
S. 62(3)(aa) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 13; S.I. 2014/1820, art. 3(cc)
F153
Words in s. 79(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 32; S.I. 2014/1820, art. 3(cc)
F154
Pt. 5 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 33; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F155
Words in s. 99 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 46(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F156
Ss. 87-91 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 37; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F157
S. 104(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F158
S. 104(4C) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F159
Words in s. 104(4B) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F160
Words in s. 104(4A) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F161
S. 104(4B)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(4)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F162
S. 104(5) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F163
Word in s. 96(1)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F164
Words in s. 96(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F165
S. 96(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F166
Word in s. 96(1)(b) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F167
Word in s. 96(1)(c) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(d); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F168
Words in s. 62(1)(a) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(a)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F169
Word in s. 62(1)(b) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(a)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F170
Words in s. 62(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F171
S. 62(5)(6) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F172
S. 94(1) substituted for s. 94(1)-(2) (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F173
Word in s. 94(6A) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F174
Word in s. 94(3) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F175
Words in s. 94(3) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(4)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F176
Words in s. 94(7) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(6); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F177
Words in s. 94(8)(b) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(7); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F178
S. 94(9) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(8); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F179
Words in s. 86(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 36(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F180
Words in s. 86(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 36(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F181
S. 86(3)-(6) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 36(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F182
Words in s. 113(1) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(a)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F183
Words in s. 113(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(a)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F184
Words in s. 113(1) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F185
Words in s. 113(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F186
Words in s. 113(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(d); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F187
S. 113(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F188
S. 76(7) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F189
S. 76(2)(b)(c) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F190
Words in s. 76(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(3)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F191
S. 85(5)(6) substituted for s. 85(5) (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(5), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F192
Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F193
Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F194
Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(iii); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F195
Word in s. 85(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F196
S. 97A(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F197
Words in s. 97A(2B) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F198
S. 97A(2D) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F199
S. 97A(2E) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F200
S. 73(2)-(4) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F201
S. 105(4) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(4); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F202
Word in s. 105(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F203
Words in s. 105(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F204
Words in s. 105(2)(a) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(3)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F205
S. 74 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F206
S. 112(3A) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 52(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F207
Words in s. 112(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 52(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F208
Words in s. 112(5) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 52(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F209
Words in s. 72(9)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 31(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F210
Words in s. 72(9)(a) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 31(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F211
Words in s. 106(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 49(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F212
Words in s. 106(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 49(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F213
Words in s. 97(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 42(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F214
Words in s. 97(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 42(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F215
S. 75(4) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F216
S. 82 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(2), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F217
S. 83 repealed (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(3), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F218
S. 83A repealed (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(3), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F219
S. 84 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(4), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F220
S. 85A repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 35; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F221
S. 92 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 17(2), 75(3); S.I. 2014/2771, art. 2(c) (with arts. 9-11, 15) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F222
S. 95 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 40; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F223
S. 97B repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 44; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F224
S. 98 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 45; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F225
Words in s. 99(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 46(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F226
Words in s. 107(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 50; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F227
Words in s. 108(1)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 51; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F228
S. 115 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 54; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F229
S. 120 substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 55; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F230
Sch. 7 para. 27 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 60 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F231
Word in s. 126(2)(b) omitted (1.3.2015) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 19(a); S.I. 2015/371, art. 3(b)
F232
S. 126(4)(g) omitted (1.3.2015) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 19(b); S.I. 2015/371, art. 3(b)
F233
S. 126(5) omitted (1.3.2015) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 19(c); S.I. 2015/371, art. 3(b)
F234
S. 124 omitted (31.3.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), ss. 22(10), 52(3)(b); S.I. 2015/956, reg. 2
F235
Sch. 3 para. 1(1)(n) and word inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 67(4) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))
F236
Word in Sch. 3 para. 1(1)(l) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 67(3) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))
C34
S. 85(2) applied (with modifications) by S.I. 2006/1003, Sch. 2 para. 4(10) (as substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(b))
C35
S. 120 applied (with modifications) by S.I. 2006/1003, Sch. 2 para. 4(8)(9) (as substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(b))
F237
Sch. 3 para. 1(1)(o) and word inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4)
F238
Sch. 3 para. 1(1)(a) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(2)
F239
Sch. 3 para. 1(1)(b) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(2)
F240
Sch. 3 para. 1(1)(e) omitted (E.W) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(2)
F241
Word in Sch. 3 para. 1(1)(m) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(3)
C36
S. 163(4): power to extend (with modifications) (Channel Islands or Isle of Man) any amendments or repeals made to this Act by 2016 c. 19, to which this section relates (12.5.2016) by Immigration Act 2016 (c. 19), ss. 94(5), 95(6)(7)(e)
F242
S. 62(7A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 60(12), 94(1); S.I. 2016/603, reg. 3(m)
F243
Words in s. 92(3)(a) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 63(6), 94(1); S.I. 2016/1037, reg. 5(h)
F244
Words in s. 94B heading omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 63(2), 94(1); S.I. 2016/1037, reg. 5(h)
F245
Words in s. 94B(1) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 63(3), 94(1); S.I. 2016/1037, reg. 5(h)
F246
Words in s. 94B(2) substituted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 63(4), 94(1); S.I. 2016/1037, reg. 5(h)
F247
Words in s. 94B(3) substituted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 63(5), 94(1); S.I. 2016/1037, reg. 5(h)
F248
Words in s. 120(4)(b) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 64(3), 94(1) (with s. 64(5)); S.I. 2016/1037, reg. 5(h)
C37
S. 97A applied (with modifications) (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 39(1)
C38
S. 120 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), reg. 1(2)(b), Sch. 2 para. 2(2)
C39
S. 85(2)(6)(a) applied (with modifications) (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), reg. 1(2)(b), Sch. 2 para. 2(4)
F249
S. 6(5) repealed (E.W.S.) (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 3(3)(a), Sch. 3
F250
S. 6(1)-(4) omitted (E.W.S.) (4.4.2011) by virtue of The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 4(a)
F251
Words in s. 36(6) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(5); S.I. 2014/889, art. 7(a)
F252
S. 36(5)(f)(g) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(3); S.I. 2014/889, art. 7(a)
F253
S. 36(9)(aa) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(7); S.I. 2014/889, art. 7(a)
F254
Words in s. 36(3)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(2); S.I. 2014/889, art. 7(a)
F255
S. 36(5A) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(4); S.I. 2014/889, art. 7(a)
F256
Word in s. 36(5)(d) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(3); S.I. 2014/889, art. 7(a)
F257
Words in s. 36(7)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(6)(b); S.I. 2014/889, art. 7(a)
F258
Words in s. 36(7) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(6)(a); S.I. 2014/889, art. 7(a)
C40
Ss. 84-86 applied by S.I. 2006/1003, Sch. 1 para. 1 (as amended (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 15 (with reg. 6)
F259
S. 23(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 32(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F260
Word in s. 23(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 32(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F261
Word in s. 23(4) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 32(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F262
Words in s. 30(7) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 33; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F263
S. 62(3)(b) omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 34(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F264
S. 62(4) omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 34(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F265
Ss. 68, 69 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 35; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F266
Words in s. 70(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F267
S. 70(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F268
Word in s. 70(5) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F269
Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F270
Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F271
Word in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F272
Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F273
Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(c); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F274
Word in s. 71(4) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F275
Word in Sch. 3 para. 1(1)(g) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 5; S.I. 2018/346, reg. 4(aa)
C41
Pt. 5: power to modify conferred (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), ss. 48(4)(c), 64(2) (with ss. 52(3), 53, 58); S.I. 2018/1213, reg. 2(b)
F276
S. 93 repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33(3)(b), 47, 48(1)-(3), Sch. 4; S.I. 2004/2523, art. 2, Sch.
C42
Ss. 126-128 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 3, Sch. 2
C43
S. 164 extended (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 3, Sch. 2
C44
Ss. 78-79 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3 (as amended (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), reg. 7(2))
C45
S. 97A excluded (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), regs. 1(2), 15(2)
C46
S. 72 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C47
S. 105 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C48
S. 106 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C49
S. 107 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C50
S. 108 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C51
S. 112 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C52
S. 113 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C53
S. 120 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3
C54
S. 85 modified (30.10.2020) by The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020 (S.I. 2020/1101), regs. 1, 7
C55
S. 104 applied (30.10.2020) by The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020 (S.I. 2020/1101), regs. 1, 8(2)
C56
S. 126 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 3, Schs. 2, 2A
C57
S. 127 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 3, Schs. 2, 2A
C58
S. 164 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 3, Schs. 2, 2A
C59
S. 109 savings for effects of 2020 c. 20, sch. 1 para. 2(1) (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 3 para. 7
C60
S. 126 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(j)
C61
Sch. 3 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(k)
F277
Words in s. 58(1)(a) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(2)(a)
F278
S. 58(4) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(2)(b)
F279
S. 94(6A)(ca) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 9; S.I. 2020/1652, reg. 2(1)(b)
F280
Word in s. 94(5D) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 50(2); 2020 c. 1, Sch. 5 para. 1(1)
F281
S. 94A omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 50(3); 2020 c. 1, Sch. 5 para. 1(1)
F282
Words in s. 106(3) omitted (31.12.2020) by virtue of Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 2(3)(a) (with s. 4(2)); S.I. 2020/1279, reg. 4(c) (with savings in S.I. 2020/1309, regs. 1(2), 82, 83, Sch. 3 para. 7, Sch. 4 paras. 1-4)
F283
Words in s. 106(4) omitted (31.12.2020) by virtue of Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 2(3)(a) (with s. 4(2)); S.I. 2020/1279, reg. 4(c) (with savings in S.I. 2020/1309, regs. 1(2), 82, 83, Sch. 3 para. 7, Sch. 4 paras. 1-4)
F284
Words in s. 107(3) omitted (31.12.2020) by virtue of Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 2(3)(b) (with s. 4(2)); S.I. 2020/1279, reg. 4(c) (with savings in S.I. 2020/1309, regs. 1(2), 82, 83, Sch. 3 para. 7, Sch. 4 paras. 1-4)
F285
S. 109 omitted (31.12.2020) by virtue of Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 2(1) (with s. 4(2)); S.I. 2020/1279, reg. 4(c) (with savings in S.I. 2020/1309, regs. 1(2), 82, 83, Sch. 3 para. 7, Sch. 4 paras. 1-4)
F286
S. 126(2)(e) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(3)(b) (with reg. 13(5))
F287
Word in s. 126(2)(c) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(3)(a) (with reg. 13(5))
F288
Words in s. 141(1) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 12(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F289
Words in s. 141(6) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 12(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F290
Words in s. 141(6) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 12(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F291
Sch. 3 para. 3(b) and preceding word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(4)(a)
F292
Words in Sch. 3 para. 4(2)(a) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 12(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F293
Words in Sch. 3 para. 4(2)(b) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 12(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F294
Sch. 3 para. 5 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(4)(b)
F295
Words in Sch. 3 para. 8 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(4)(c)
F296
S. 36(6) substituted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(f)
F297
Word in s. 36(5) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(c)
F298
Word in s. 36(5) inserted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(d)
F299
S. 36(5)(h) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(e)
F300
S. 36(5)(d) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(b)
F301
S. 36(9)(b) substituted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(h)
F302
S. 36(5)(e) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(b)
F303
S. 36(9)(c) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(i)
F304
Words in s. 36(3)(b) substituted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(a)
F305
Words in s. 36(7) inserted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(g)(i)
F306
S. 36(7)(aa) inserted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(g)(ii)
C62
Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 7, Sch. 5, Sch. 5A (with art. 16)
C63
Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 16, Sch. 7 (with art. 5, Sch. 2) (as amended: (29.6.2011) by S.I. 2011/1408, art. 1, Sch. para. 6; (14.3.2019) by S.I. 2019/562, arts. 1, 5, 14; (16.12.2020) by S.I. 2020/1576, art. 10; (31.12.2020) by S.I. 2020/1214, art. 9 (with art. 13); (11.11.2021) by S.I. 2021/1277, arts. 1(2), 9)
C64
Act: power to amend conferred (28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(g)(3)-(6), 87(1)(4)(i)
C65
S. 163(4): power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(f), 87(3)(c)
F307
Words in s. 18(1)(c) omitted (28.4.2022 for specified purposes) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 14(4), 87(1)(4)(a)
F308
Words in s. 113(1) omitted (28.4.2022 for specified purposes) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 14(5), 87(1)(4)(a)
F309
S. 55(4)(c) omitted (E.W.) (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 11(2); S.I. 2021/231, art. 6(r)
F310
Sch. 3 para. 1(1)(k) omitted (E.W.) (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 11(3); S.I. 2021/231, art. 6(r)
F311
S. 94 heading substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(3)(c), 87(5)(a) (with s. 28(4))
F312
Words in s. 72(1) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(2), 87(5)(d) (with s. 38(13))
F313
Word in s. 72(2) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(3)(a)(i), 87(5)(d) (with s. 38(13))
F314
Words in s. 72(2) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 38(3)(a)(ii), 87(5)(d) (with s. 38(13))
F315
Words in s. 72(2)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(3)(b), 87(5)(d) (with s. 38(13))
F316
Word in s. 72(3) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(4)(a)(i), 87(5)(d) (with s. 38(13))
F317
Words in s. 72(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 38(4)(a)(ii), 87(5)(d) (with s. 38(13))
F318
Words in s. 72(3)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(4)(b), 87(5)(d) (with s. 38(13))
F319
Words in s. 72(3)(c) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(4)(c), 87(5)(d) (with s. 38(13))
F320
Word in s. 72(4) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(5)(a), 87(5)(d) (with s. 38(13))
F321
Words in s. 72(4) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 38(5)(b), 87(5)(d) (with s. 38(13))
F322
S. 72(5A) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(6), 87(5)(d) (with s. 38(13))
F323
Words in s. 72(8) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(9), 87(5)(d) (with s. 38(13))
F324
Words in s. 72(9)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(10), 87(5)(d) (with s. 38(13))
F325
Words in s. 72(10)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(11), 87(5)(d) (with s. 38(13))
F326
Words in s. 72(11)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(12)(a), 87(5)(d) (with s. 38(13))
F327
Words in s. 72(11)(b)(ia) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(12)(b), 87(5)(d) (with s. 38(13))
F328
Words in s. 72(11)(b)(iii) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(12)(c), 87(5)(d) (with s. 38(13))
F329
Words in s. 92(3)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(a), 87(5)(a) (with s. 28(4))
F330
S. 92(3)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 18(b)
F331
Words in s. 92(2)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(a), 87(5)(a) (with s. 28(4))
F332
Word in s. 92(6) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(b), 87(5)(a) (with s. 28(4))
F333
Word in s. 92(8) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(b), 87(5)(a) (with s. 28(4))
F334
S. 92(2)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 18(a)
F335
S. 94(3A) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(3)(a), 87(5)(a) (with s. 28(4))
F336
Words in s. 94(4) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(3)(b), 87(5)(a) (with s. 28(4))
F337
S. 18(1ZA)(1ZB) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(5), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16
F338
Sch. 3 para. 17(2A)(2B) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(7), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16
F339
Words in s. 21(3)(a) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(6), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16
F340
Pt. 4A inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 15(1), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 14 (with Sch. 2 para. 4(3))
F341
S. 77(2A)-(2C) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 4 para. 1; S.I. 2022/590, reg. 2, Sch. 1 para. 17 (with Sch. 2 para. 4(4))
F342
Words in s. 77(3) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 4 para. 2; S.I. 2022/590, reg. 2, Sch. 1 para. 17 (with Sch. 2 para. 4(4))
F343
Ss. 80B, 80C inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 16, 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 15 (with Sch. 2 para. 4(3))
F344
S. 126(2)(za) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 75(6), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 26 (which amendment is extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1112, arts. 1(1), 2, Schs. 1, 2; and extended (with modifications) (Guernsey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1138, arts. 1(1), 2, Schs. 1, 2)
F345
Words in s. 129(1)(a) inserted (28.6.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 40(8)(a), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 20 (with Sch. 2 para. 7)
F346
Words in s. 134(1)(a) inserted (28.6.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 40(8)(b), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 20 (with Sch. 2 para. 7)
F347
Words in s. 46(7) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3 (N.I.)), s. 8(1)(b), Sch. 1 para. 194(1); S.R. 2022/102, art. 2(b)
F348
Words in s. 133 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F349
S. 133(4)(a)(ib) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 66; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F350
S. 133(4)(d)(i) omitted (30.11.2022) by virtue of The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 9(a)
F351
Words in s. 133(4)(d)(ii) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 9(b)
I54
S. 125 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(a)(2)
I55
Sch. 8 para. 1 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I56
Sch. 8 para. 2 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I57
Sch. 8 para. 3 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I58
Sch. 8 para. 4 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I59
Sch. 8 para. 5 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I60
Sch. 8 para. 6 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I61
Sch. 8 para. 7 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I62
Sch. 8 para. 8 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I63
Sch. 8 para. 9 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I64
Sch. 8 para. 10 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I65
Sch. 8 para. 11 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I66
Sch. 8 para. 12 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I67
Sch. 8 para. 16 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
I68
Sch. 8 para. 17 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
F352
S. 80AA inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(3), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F353
Words in Pt. 4A heading inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(4), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F354
S. 62(2N)-(2R) inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(4)(a), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)
F355
Words in s. 62(3) inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(4)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)
F356
Words in s. 80A(1) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(a)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F357
Words in s. 80A(1) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(a)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F358
Word in s. 80A(2) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F359
Word in s. 80A(3) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F360
Words in s. 80A(3) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F361
Words in s. 80A(3) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F362
Words in s. 80A(5) omitted (28.9.2023 for specified purposes) by virtue of Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F363
Words in s. 80A(5)(a) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F364
Words in s. 80A(5)(b) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F365
Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F366
Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F367
Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F368
S. 80A heading substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(f), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
F369
S. 80AA(1)(ka) inserted (17.4.2024) by The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 (S.I. 2024/523), regs. 1(2), 2(a)
F370
S. 80AA(1)(oa) inserted (17.4.2024) by The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 (S.I. 2024/523), regs. 1(2), 2(b)
C66
Act excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 5, 10(1) (with ss. 4, 10(2))
F371
Words in s. 36(5)(c) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 7
C67
S. 163(4): power extended (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 64(5)(6)(c), 65(3)(d)
F372
Words in s. 62(2O) substituted (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(3)(a), 65(3)(a)
F373
S. 62(2P)(b) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(3)(b), 65(3)(a)
F374
Word in s. 129(1)(a) inserted (5.1.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 21(10)(a), 65(1); S.I. 2025/1318, reg. 2(d)
F375
Word in s. 134(1)(a) inserted (5.1.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 21(10)(b), 65(1); S.I. 2025/1318, reg. 2(d)
F376
S. 72(5ZA)(5ZB) inserted (2.2.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 51(2), 65(1); S.I. 2026/59, reg. 2(f)
F377
S. 72(5B) inserted (2.2.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 51(3), 65(1); S.I. 2026/59, reg. 2(f)
F378
Words in s. 72(6) substituted (2.2.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 51(4), 65(1); S.I. 2026/59, reg. 2(f)
F379
Words in s. 72(7) substituted (2.2.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 51(5), 65(1); S.I. 2026/59, reg. 2(f)
F380
Words in s. 72(8) inserted (2.2.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 51(6), 65(1); S.I. 2026/59, reg. 2(f)
F381
Words in s. 72(9)(b) substituted (2.2.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 51(7), 65(1); S.I. 2026/59, reg. 2(f)
F382
Words in s. 72(10)(b) substituted (2.2.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 51(8), 65(1); S.I. 2026/59, reg. 2(f)
F383
S. 117D(4)(a) omitted (22.3.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 45(2), 49(1); S.I. 2026/217, reg. 2 (with reg. 3)