Statutory Instruments
2000 No. 1985 (C. 51)
IMMIGRATION
The Immigration and Asylum Act 1999 (Commencement No. 5 and Transitional Provisions) Order 2000
Made
22nd July 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. 5 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 Part IV of the Act
3. —(1) The new appeals provisions shall have effect from the relevant date as if:
(a) any reference in them to Part IV of the Act (however expressed) included a reference to the existing appeals provisions;
(b) the reference in paragraph 1(2) of Schedule 4 to the Act to “the regulations ” included a reference to regulations made under section 18 of the 1971 Act.
(2) Paragraph 6 of Schedule 2 to the 1997 Act (as substituted by paragraph 129 of Schedule 14 to the Act) shall have effect from the relevant date as if the reference in it to section 2 of the 1997 Act included a reference to that section as it had effect immediately before the amendment made to it by paragraphs 119 and 120 of Schedule 14 to the Act came into force.
(3) In this article:
“the 1971 Act” means the Immigration Act 1971( 2 );
“the 1997 Act” means the Special Immigration Appeals Commission Act 1997( 3 );
“the existing appeals provisions” means Part II of the 1971 Act, section 8 of, and Schedule 2 to, the Asylum and Immigration Act 1993( 4 ) and section 3 of the Asylum and Immigration Act 1996( 5 );
“the new appeals provisions” means paragraphs 1, 3 and 4 of Schedule 4 to the Act, together with section 58(2) of the Act so far as it relates to those paragraphs( 6 ); and
“the relevant date” means 1st August 2000.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd July 2000
Article 2
THE SCHEDULE
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 83(4) and (5) (The Commissioner) (so far as not already in force). | 30th October 2000 | |
| Section 84(2)(a) and (b), (4)(a) and (d), (5) and (7) (Provision of immigration services). | 30th October 2000 | Paragraphs (a) and (b) of section 84(2) are commenced in so far as they relate to the provisions of section 85 of the Act commenced by this Order; section 84(4)(a) is commenced in so far as to enable the Commissioner to certify a person as exempt under it; section 84(4)(d) is commenced for the purposes of making subordinate legislation under it. |
| Section 85(3) (Schedule 6). | 1st August 2000 | Commenced for the purposes of the provisions of Schedule 6 commenced by this Order on this date. |
| Section 85 (Registration and exemption by the Commissioner) (so far as not already in force). | 30th October 2000 | |
| Section 86(10) to (12) (Designated professional bodies). | 30th October 2000 | For the purpose of making subordinate legislation under them. |
| Section 87(5) (The Tribunal). | 1st August 2000 | In so far as it relates to the provisions of Schedule 7 commenced by this Order on this date. |
| Section 87 (The Tribunal) (so far as not already in force). | 30th October 2000 | |
| Section 88 (Appeal upheld by the Tribunal). | 30th October 2000 | |
| Section 89 (Disciplinary charge upheld by the Tribunal). | 30th October 2000 | |
| Section 90 (Orders by disciplinary bodies). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under it. |
| Section 147 (Interpretation of Part VIII). | 1st August 2000 | |
| Section 148(3) (Management of detention centres). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under it. |
| Section 149(1), (3), (6)(a) and (9) (Detention centres: Contracting out). | 1st August 2000 | |
| Section 152(2) and (3) (Visiting Committees: Functions). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under them. |
| Section 153 (Detention centre rules). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under it. |
| Section 154(7) (Schedule 11). | 1st August 2000 | Commenced for the purposes of the provisions of Schedule 11 commenced by this Order. |
| Section 155(2) (Schedule 12). | 1st August 2000 | Commenced for the purposes of the provisions of Schedule 12 commenced by this Order. |
| Section 156(5) (Schedule 13). | 1st August 2000 | Commenced for the purposes of the provisions of Schedule 13 commenced by this Order. |
| Section 157 (Short-term holding facilities). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under it. |
| Section 169(1) (Schedule 14). | 1st August 2000 | Commenced for the purposes of the provisions of Schedule 14 commenced by this Order. |
| Schedule 5 (Regulatory Functions) (so far as not already in force). | 30th October 2000 | |
| In Schedule 6, paragraph 5(1) (Immigration Services Commissioner: Registration: Fees). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under it. |
| Schedule 6 (so far as not already in force). | 30th October 2000 | |
| In Schedule 7, paragraphs 7 and 8(3). | 1st August 2000 | |
| Schedule 7 (so far as not already in force). | 30th October 2000 | |
| In Schedule 11, paragraphs 2(1)(a) and 7(2) and (3) (Detainee custody officers). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under them. |
| In Schedule 12, paragraphs 1, 2 and 3(7) (Discipline etc at detention centres). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under them. |
| In Schedule 13, paragraph 2(1)(a) and (4) (Escort arrangements). | 1st August 2000 | For the purposes of enabling subordinate legislation to be made under them. |
| In Schedule 14, paragraphs 118 and 129 (Notices of decisions which are appealable under the Special Immigration Appeals Commission Act 1997). | 1st August 2000 | Paragraph 118 is commenced to the extent that it refers to paragraph 129 of Schedule 14. |