Statutory Instruments

2000 No. 168 (C. 3)

IMMIGRATION

The Immigration and Asylum Act 1999 (Commencement No. 2 and Transitional Provisions) Order 2000

Made

21st January 2000

In exercise of the powers conferred upon him by sections 166(3) and 170(4) and (5) of the Immigration and Asylum Act 1999( 1 ), the Secretary of State hereby makes the following Order:

Citation and interpretation

1. —(1) This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 2 and Transitional Provisions) Order 2000.

(2) In this Order “the Act” means the Immigration and Asylum Act 1999.

Commencement of provisions

2. The provisions of the Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.

Transitional provisions relating to the appeals provisions commenced by this Order

3. —(1) The adjudicators and the Immigration Appeal Tribunal for the purposes of the Act are to be treated as the adjudicators and the Immigration Appeal Tribunal for the purposes of the previous Immigration Acts.

(2) Accordingly:

(a) references (however expressed) to the Act in the appeals provisions, or in any enactment as amended by those provisions, are to be construed as including a reference to the previous Immigration Acts;

(b) references (however expressed) in any Act or in any subordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978( 2 )) to adjudicators or the Immigration Appeal Tribunal for the purposes of any of the previous Immigration Acts are to be construed as including references to the adjudicators (other than Asylum Support Adjudicators) or (as the case may be) the Immigration Appeal Tribunal for the purposes of the Act; and

(c) the designation of an adjudicator as a special adjudicator under (and for the purposes of) any provision of the previous Immigration Acts shall continue notwithstanding the commencement of the appeals provisions.

(3) For the purposes of this article:

“the appeals provisions” means sections 56 and 57 of the Act; Schedules 2 and 3 to the Act; paragraph 5 of Schedule 4 to the Act; and paragraphs 71, 72, 91 and 98 of Schedule 14 to the Act; and

“the previous Immigration Acts” means the Immigration Act 1971( 3 ), the Immigration Act 1988( 4 ), the Asylum and Immigration Appeals Act 1993( 5 ), and the Asylum and Immigration Act 1996( 6 ).

(4) This article is without prejudice to the operation of the Interpretation Act 1978.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

21st January 2000

Article 2

THE SCHEDULE

Column 1	Column 2	Column 3
Sections 1 and 2 (Leave to enter; leave to remain).	14th February 2000
Sections 6 and 7 (Members of Missions other than diplomatic agents; Persons ceasing to be exempt).	1st March 2000
Section 8 (Persons excluded from the United Kingdom under International Obligations).	1st March 2000
Section 14 (Escorts for persons removed from the United Kingdom under directions).	1st March 2000
Sections 28, 29(1), (2) and (4) and 30 (Offences).	14th February 2000	Section 29(1) is commenced so far as it relates to section 29(2) and (4).
Sections 56 (The Immigration Appeal Tribunal) and 57 (Adjudicators).	14th February 2000
Section 58(2) (Part I of Schedule 4 to the Act).	14th February 2000	Commenced for the purposes of the provisions of Part I of Schedule 4 to the Act commenced by this Order.
Sections 128 to 139 (Powers to arrest and search).	14th February 2000
Section 169.	14th February 2000	Commenced for the purposes of the provisions of Schedules 14 to 16 to the Act commenced by this Order.
Schedules 2 (The Immigration Appeal Tribunal) and 3 (Adjudicators).	14th February 2000
In Schedule 4 (Appeals), paragraphs 3 to 5.	14th February 2000
In Schedule 14, paragraphs 43, 44(1), 45, 49, 50, 51, 53, 56 to 60, 62(1)( 7 ), (3) and (4), 63, 64, 67, 68, 71, 72, 80(1), (2) and (3), 90(1), (2) and (3), 91, 94 to 96, 98, 108, 109, 118 and 125 (Provisions consequential on the provisions of the Act commenced by this Order).	14th February 2000	Paragraph 43 is commenced so far as it relates to paragraphs 44(1), 45, 49, 50, 51, 53, 56 to 60, 62 to 64, 67 and 68 of the Schedule; paragraph 49 is commenced so far it repeals section 12 of the Immigration Act 1971; paragraphs 80(1) and 90(1) are commenced so far as they relate to paragraphs 80(2) and (3) and 90(2) and (3) respectively; paragraph 94 is commenced so far as it relates to paragraphs 95 and 96; paragraph 108 is commenced so far as it relates to paragraph 109; and paragraph 118 is commenced so far as it relates to paragraph 125.
In Schedule 15, paragraphs 1, 3, 4(b) and 14 (Transitional provisions).	14th February 2000
In Schedule 16, the following entries: in the entry relating to the Immigration Act 1971, the entries in the third column concerning Part II of, sections 24 and 25 of, and Schedules 2 and 5 to, that Act; the entries relating to the House of Commons Disqualification Act 1975( 8 ), the Northern Ireland Assembly Disqualification Act 1975( 9 ), the Courts and Legal Services Act 1990( 10 ) and the Judicial Pensions and Retirement Act 1993( 11 ); and, in the entry relating to the Asylum and Immigration Act 1996, the entry in the third column concerning section 7 of that Act.	14th February 2000	In the case of the entry relating to Part II of the Immigration Act 1971, it is commenced so far as it repeals section 12 of that Act; and in the case of the entry relating to Schedule 2 to that Act, it is commenced so far as it repeals words in paragraphs 21 and 26 of that Schedule.