Citation and commencement

1. These Regulations may be cited as the Immigration (Notices) (Amendment) Regulations 2014 and come into force on 6th November 2014.

Amendments to the Immigration (Notices) Regulations 2003

2. —(1)The Immigration (Notices) Regulations 2003( 2 ) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “immigration decision”;

(b) in the definition of “notice of appeal”, for “rules for the time being in force under section 106(1) of the 2002 Act” substitute “Procedure Rules”; and

(c) in the definition of “Procedure Rules”, for “106(1) of the 2002 Act( 3 )” substitute “22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007( 4 )”.

(3) Omit regulation 3 (transitional provision).

(4) In regulation 4 (notice of decisions)—

(a) in paragraph (1), for “immigration decision or” substitute “decision taken in respect of him which is appealable under section 82(1) of the 2002 Act( 5 ) or any”; and

(b) omit paragraphs (2) and (2A).

(5) In regulation 5 (contents of notice)—

(a) in paragraph (1)(a), omit “and”;

(b) omit paragraphs (1)(b), (2) and (2A);

(c) in paragraph (3), omit “subject to paragraph 6,”;

(d) for paragraph (4), substitute—

“ (4) The notice given under regulation 4 shall be accompanied by information about the process for providing a notice of appeal to the Tribunal and the time limit for providing that notice. ” ; and

(e) omit paragraphs (5), (6), (7) and (8).

(6) In regulation 7 (service of notice)—

(a) for paragraph (3), substitute—

“ (3) Where a notice has been given in accordance with paragraph (2) and then subsequently the person is located—

(a) he shall be given a copy of the notice and details of when and how it was given as soon as practicable; and

(b) the time limit for appeal under the Procedure Rules shall be calculated from the date the notice is deemed to have been given in accordance with paragraph (2). ” ;

(b) for paragraph (4), substitute—

“ (4) Where a notice is sent by post to a place outside the United Kingdom in accordance with paragraph (1)(c) it shall be deemed to have been received on the twenty-eighth day after it was posted, unless the contrary is proved. ” ;

(c) in paragraph (5)—

(i) in sub-paragraph (a), omit “and”; and

(ii) omit sub-paragraph (b); and

(d) omit paragraph (6).

Transitional provision

3. Regulation 2(4) and (5) of these Regulations only apply to a notice that is to be given in relation to a decision which is appealable under section 82(1) of the Nationality, Immigration and Asylum Act 2002, as amended by section 15(2) of the Immigration Act 2014( 6 ).