Citation and commencement

1. This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Miscellaneous Provisions) Order 2010 and comes into force on 15 February 2010.

Amendments to the Appeals (Excluded Decisions) Order 2009

2.The Appeals (Excluded Decisions) Order 2009( 2 ) is amended as follows.

3. For article 2 (excluded decisions) substitute—

“ Excluded decisions

2. For the purposes of section 11(1) of the Tribunals, Courts and Enforcement Act 2007, the following decisions of the First-tier Tribunal are excluded decisions—

(a) a decision under section 103 of the Immigration and Asylum Act 1999 ( 3 ) (appeals); and

(b) a decision under paragraphs 22, 23, 24, 29, 30, 31, 32 and 33 of Schedule 2 to the Immigration Act 1971 ( 4 ) . ” .

4. After article 3(l) (excluded decisions) insert—

“ (m) any procedural, ancillary or preliminary decision made in relation to an appeal against a decision under section 40A of the British Nationality Act 1981 ( 5 ) , section 82, 83 or 83A of the Nationality, Immigration and Asylum Act 2002 ( 6 ) , or regulation 26 of the Immigration (European Economic Area) Regulations 2006 ( 7 ) . ” .

Revocations and saving provisions

5.The Asylum and Immigration Tribunal (Judicial Titles) Order 2005( 8 ) is revoked.

6. The Legal Aid (Asylum and Immigration Appeals) (Northern Ireland) Regulations 2007( 9 ) (“the 2007 Regulations”) are revoked.

7. The 2007 Regulations shall continue to apply to proceedings to which paragraphs 2 to 8 and 13(1)(b), (c) and (2) (in relation to sub-paragraphs (1)(b) to (e)) of Schedule 4 to the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010( 10 ) (“the 2010 Order”) apply until the proceedings are finally determined —

(a) as if the repeals in Schedule 1 to the 2010 Order in respect of sections 103A and 103D of the Nationality, Immigration and Asylum Act 2002( 11 ) and rule 33 of the Asylum and Immigration Tribunal (Procedure) Rules 2005( 12 ) (“the 2005 Rules”), and the repeals and revocations in Schedule 3 to the 2010 Order and article 6 of this Order in respect of paragraph 30 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004( 13 ) and the 2007 Regulations had not been made;

(b) as if the references to the Tribunal in section 103D of the Nationality, Immigration and Asylum Act 2002, paragraph 30 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, the 2007 Regulations and rule 33 of the 2005 Rules were references to the First-tier Tribunal or the Upper Tribunal as appropriate, and the references to the appropriate court and the High Court were references to the Upper Tribunal where appropriate; and

(c) subject to any necessary modifications.