Statutory Instruments
2002 No. 2811 (C. 87)
IMMIGRATION
The Nationality, Immigration and Asylum Act 2002 (Commencement No. 1) Order 2002
Made
13th November 2002
In exercise of the powers conferred upon him by section 162(1) and (6) of the Nationality, Immigration and Asylum Act 2002( 1 ), the Secretary of State hereby makes the following Order:
Citation and interpretation
1. —(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 1) Order 2002.
(2) In this Order, “the 1999 Act” means the Immigration and Asylum Act 1999( 2 ) and “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002.
Commencement
2. The provisions of the 2002 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 provision
3. Until Part V of the 2002 Act (immigration and asylum appeals) comes into force, the substitution of section 11 of the 1999 Act (removal of asylum claimants under standing arrangements with member states) by section 80 of the 2002 Act (removal of asylum-seeker to third country) shall take effect as if subsections (2) to (4) of section 11, as substituted, were not in force, and subsections (2) and (3) of section 11, as they were before the substitution, continued in force.
4. The amendments of the 1999 Act made by paragraphs 1 to 12, and 15 to 17 of Schedule 8 to the 2002 Act (carriers' liability) shall not apply in respect of a penalty notice (within the meaning of section 35(2) of the 1999 Act) which was issued to a person before the commencement of those paragraphs.
5. The amendment of the 1999 Act made by section 140(1) of the 2002 Act (Immigration Services Commissioner) shall not apply in respect of an investigation begun by the Commissioner under paragraph 5 (5) of Schedule 5 to the 1999 Act before the commencement of the said section 140(1).
6. Until section 134 of the 2002 Act (employer) comes into force, the insertion by section 154 of the 2002 Act (power to search for evidence) of section 28FB in the Immigration Act 1971( 3 ) (search for personnel records: with warrant) shall take effect as if the said section 28FB were not yet in force.
Filkin
Parliamentary Under-Secretary of State
Home Office
13th November 2002
Article 2
SCHEDULE
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 54 and paragraphs 2, 8, 9, 10, 11, 12, 15 and 16 of Schedule 3 (withholding and withdrawal of support) | 8th December 2002 | For the purpose of enabling the Secretary of State to exercise the power to make subordinate legislation |
| Section 54 and Schedule 3 (withholding and withdrawal of support) (so far as not already in force) | 8th January 2003 | |
| Section 55 (late claim for asylum: refusal of support) | 8th January 2003 | |
| Section 57 (application for support: false or incomplete information) | 8th December 2002 | |
| Section 80 (removal of asylum-seeker to third country) | 8th December 2002 | |
| Section 119 (deemed leave on cancellation of notice) | 8th January 2003 | |
| Section 125 and paragraphs 1, 2, 7, 11 and 13 of Schedule 8 (carriers' liability) | 14th November 2002 | For the purpose of enabling the Secretary of State to exercise the power to make subordinate legislation under section 32 (2A), 35 (5), (7), (9), (12) and (13), 37 (5B) and (7) and 40A (4) and (6) of the 1999 Act |
| Section 125 and paragraph 3 of Schedule 8 (carriers' liability) | 14th November 2002 | For the purpose of enabling the Secretary of State to exercise the power under section 32A (1), (3) and (4) of the 1999 Act to lay a draft code of practice before Parliament and bring the code of practice into force |
| Section 125 and paragraphs 1 to 12 and 16 and 17 of Schedule 8 (carriers' liability) | 8th December 2002 | For the purposes of clandestine entrants (within the meaning of section 32 (1) of the 1999 Act) who arrive in the United Kingdom concealed in a vehicle or a rail freight wagon( 4 ) |
| Section 125 and paragraphs 13 to 15 of Schedule 8 (carriers' liability) | 8th December 2002 | |
| Section 140 (Immigration Services Commissioner) | 8th January 2003 | |
| Section 141 (EEA ports: juxtaposed controls) | 8th January 2003 | |
| Sections 152 (arrest by immigration officer), 153 (power of entry), 154 (power to search for evidence) and 155 (sections 153 and 154; supplemental) | 8th January 2003 | |
| Section 157 (consequential and incidental provision) | 8th January 2003 | |
| Section 161 and Schedule 9 (repeals), the entries relating to sections 33 (2) (b), 34 (3) (c) and (5), 36 (1), 37 (3) (c), 39, 42 and 43 of the Immigration and Asylum Act 1999 | 8th December 2002 |
Schedule 8 amends Part II of the Immigration and Asylum Act 1999 (c. 33) which has not been brought into force in respect of clandestine entrants who arrive in the United Kingdom concealed in a ship or aircraft.