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Immigration and Asylum Act 1999 (c. 33)(The document as of February, 2008) Page 18 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 89 (1) Paragraph 10 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (requirements on captain of ship or aircraft with respect to passengers and crew) is amended as follows. (2) In sub-paragraph (4), for "unless he is subject to the requirements of an order under paragraph 27(2) of Schedule 2 to the [1971 c. 77.] Immigration Act 1971 and subject to sub-paragraph (6)" substitute "subject to sub-paragraphs (5A) and (6)". (3) After sub-paragraph (5), insert-- " (5A) Sub-paragraph (4) above does not apply to the extent that the information mentioned in sub-paragraph (5) above is the subject of-- (a) an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 in relation to the arrival of the ship or aircraft, or (b) a request made to the owner or agent of the ship or aircraft under paragraph 27B of that Schedule in relation to the arrival of the ship or aircraft. " The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))90 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows. (2) In Article 10 (provision for Northern Ireland corresponding to section 8 of the 1984 Act), at the end insert-- " (6) This Article applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence. " (3) In Article 24 (provision for Northern Ireland corresponding to section 22 of the 1984 Act), at the end insert-- " (6) This Article also applies to anything retained by the police under section 28H(5) of the [1971 c. 77.] Immigration Act 1971. " (4) In Article 61 (fingerprints) in paragraph (9)(a), after "1971" insert ", section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act". The Courts and Legal Services Act 1990 (c. 41)91 (1) The Courts and Legal Services Act 1990 is amended as follows. (2) In Schedule 10 (judicial and other appointments), omit paragraph 34. (3) In Schedule 11 (judges etc. barred from legal practice), in the entry relating to the Immigration Appeal Tribunal, omit "appointed under Schedule 5 to the Immigration Act 1971" and after that entry insert--
The Social Security Contributions and Benefits Act 1992 (c. 4)92 In the Social Security Contributions and Benefits Act 1992, omit section 146A (persons subject to immigration control). The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)93 In the Social Security Contributions and Benefits (Northern Ireland) Act 1992, omit section 142A (persons subject to immigration control). The Tribunals and Inquiries Act 1992 (c. 53)94 The Tribunals and Inquiries Act 1992 is amended as follows. 95 In Schedule 1 (tribunals under the supervision of the Council on Tribunals), after paragraph 2 insert--
96 In Schedule 1, in paragraph 22-- (a) in sub-paragraph (a), for "12 of the Immigration Act 1971" substitute " 57 of the Immigration and Asylum Act 1999"; and (b) in sub-paragraph (b), for "that section" substitute "section 56 of that Act". 97 In Schedule 1, after paragraph 22, insert--
The Judicial Pensions and Retirement Act 1993 (c. 8)98 (1) The Judicial Pensions and Retirement Act 1993 is amended as follows. (2) In Schedule 1 (offices which may be qualifying judicial offices), in Part II, for "Chief, or any other, immigration adjudicator under the Immigration Act 1971" substitute "Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)". (3) In Schedule 5 (relevant offices in relation to the retirement provisions), for "Immigration Adjudicator" substitute "Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)". (4) In Schedule 6 (retirement date for certain judicial offices), omit paragraphs 37 and 38. The Asylum and Immigration Appeals Act 1993 (c. 23)99 The Asylum and Immigration Appeals Act 1993 is amended as follows. 100 Omit section 3 (fingerprinting). 101 Omit sections 4 and 5 and Schedule 1 (housing of asylum-seekers and their dependants). 102 (1) Omit section 6 (protection of asylum claimants from deportation etc.). (2) This paragraph is to be treated as having come into force on 26th July 1993. 103 Omit section 7 (curtailment of leave). 104 Omit sections 8, 9, 10 and 11 and Schedule 2 (which relate to appeals). 105 For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute-- " (a) has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal; " . 106 In section 9A(6), for "section 9 above" substitute "paragraph 23 of Schedule 4 of the Immigration and Asylum Act 1999". 107 Omit section 12 (carriers' liability). The Asylum and Immigration Act 1996 (c. 49)108 The Asylum and Immigration Act 1996 is amended as follows. 109 Omit section 7 (power of arrest and search warrants). 110 Omit section 9 (entitlement to housing accommodation and assistance). 111 Omit section 10 (entitlement to child benefit). 112 Omit section 11 (saving for social security regulations). 113 Omit Schedule 1 (modifications of social security regulations). 114 In Schedule 2, omit sub-paragraphs (2) and (3) of paragraph 1, paragraph 3 and paragraph 4(2) (which are spent as a result of this Act). 115 In Schedule 3, omit paragraphs 1, 2 and 5 (which are spent as a result of this Act). The Housing Act 1996 (c. 52)116 In section 183(2) of the Housing Act 1996 (interpretation of expressions related to assistance), in the definition of "eligible for assistance", omit "or section 186 (asylum seekers and their dependants)". The Education Act 1996 (c. 56)117 In section 512(3) of the Education Act 1996 (requirement to provide school meals)-- (a) for the words from the beginning to "a", where it occurs for the second time, substitute-- " (3) Subsection (3A) applies in relation to a pupil-- (a) whose parents are in receipt of-- (i) income support;(ii) an income-based jobseeker's allowance (payable under the Jobseekers Act 1995); or(iii) support provided under Part VI of the Immigration and Asylum Act 1999; or(b) who is himself in receipt of income support or an income-based jobseeker's allowance. (3A) A " ; and (b) in paragraph (a), for "him" substitute "the pupil". The Special Immigration Appeals Commission Act 1997 (c. 68)118 The Special Immigration Appeals Commission Act 1997 is amended as follows. 119 In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute-- " (1) A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under any provision (other than section 59(2)) of Part IV of the Immigration and Asylum Act 1999 ("the 1999 Act") or the Immigration (European Economic Area) Order 1994 ("the 1994 Order") but for a public interest provision. (1A) "Public interest provision" means any of-- (a) sections 60(9), 62(4), 64(1) or (2) or 70(1) to (6) of the 1999 Act; or (b) paragraphs (b), (c) or (d) of Article 20(2) of the 1994 Order. " . 120 In section 2(2) for "subsection (2) of section 13 of the Immigration Act 1971, but for subsection (5) of that section" substitute "section 59(2) of the 1999 Act but for section 60(9) of that Act". 121 After section 2 insert-- " 2A Jurisdiction: human rights(1) A person who alleges that an authority has, in taking an appealable decision, acted in breach of his human rights may appeal to the Commission against that decision. (2) For the purposes of this section, an authority acts in breach of a person's human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the [1998 c. 42.] Human Rights Act 1998. (3) Subsections (4) and (5) apply if, in any appellate proceedings being heard by the Commission, a question arises as to whether an authority has, in taking a decision which is the subject of the proceedings, acted in breach of the appellant's human rights. (4) The Commission has jurisdiction to consider the question. (5) If the Commission decides that the authority concerned acted in breach of the appellant's human rights, the appeal may be allowed on that ground. (6) "Authority" means-- (a) the Secretary of State; (b) an immigration officer; (c) a person responsible for the grant or refusal of entry clearance. (7) "Appealable decision" means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act or the 1994 Order but for a public interest provision. (8) "The 1999 Act", "the 1994 Order" and "public interest provision" have the same meaning as in section 2. " 122 In section 4 (determination of appeals), after subsection (1) insert-- " (1A) If a certificate under section 70(4)(b) of the Immigration and Asylum Act 1999 has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to an adjudicator. " 123 In section 7 (appeals from Commission), omit subsection (4). 124 After section 7, insert-- " 7A Pending appeals(1) For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned. (2) An appeal is not to be treated as finally determined while a further appeal may be brought. (3) If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned. (4) A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom. (5) A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom. (6) But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 70(4) of the Immigration and Asylum Act 1999. (7) A pending appeal brought under section 2(1) as a result of section 62(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant. " 125 In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)-- (a) in sub-paragraph (i), for "paragraph 1 of Schedule 5 to the Immigration Act 1971" substitute "section 57(2) of the Immigration and Asylum Act 1999"; and (b) in sub-paragraph (ii), for "paragraph 7 of that Schedule" substitute "paragraph 1(3) of Schedule 2 to that Act". 126 In Schedule 2 (supplementary provisions as to appeals) for paragraphs 1 to 3 substitute-- " Stay on directions for removal1 If a person in the United Kingdom appeals under section 2(1) above on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given so long as the appeal is pending. 2 If a person in the United Kingdom appeals under section 2(1) above against any directions given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for his removal from the United Kingdom, those directions except in so far as they have already been carried out, have no effect while the appeal is pending. 3 But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under section 2(1) above as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending. 3A In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for the giving of directions under that paragraph for the removal of a person from the United Kingdom and for the giving of a notice of intention to give such directions, any period during which there is pending an appeal by him under section 2(1) above is to be disregarded. 3B If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for anyone's removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 2(1) above, the appeal has the same effect under paragraphs 1 to 3A in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant. Suspension of variation of limited leave3C A variation is not to take effect while an appeal is pending under section 2(1) above against the variation. Continuation of leave3D (1) While an appeal under section 2(1) above is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continue to have effect. (2) A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1). (3) For the purposes of section 2(1), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within twenty-eight days, a continuation of leave under this paragraph is to be disregarded. Deportation orders3E A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 2(1) above against the decision to make it is pending. 3F In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an appeal under section 2(1) above against the decision to make the order is pending. Appeals under section 2A3G (1) A person is not to be required to leave, or be removed from, the United Kingdom if an appeal under section 2A is pending against the decision on which that requirement or removal would otherwise be based. (2) That does not prevent-- (a) directions for his removal being given during that period; (b) a deportation order being made against him during that period. (3) But no such direction or order is to have effect during that period. " 127 In Schedule 2, in paragraph 4, for "the Immigration Act 1971 as applied by paragraphs 1 to 3 above" substitute "this Schedule" 128 In Schedule 2, omit paragraph 5. 129 In Schedule 2, for paragraphs 6 and 7 substitute-- " Notice of appealable decision and statement of appeal rights etc.6 Paragraph 1 of Schedule 4 to the Immigration and Asylum Act 1999 has effect as if section 2 of this Act were contained in Part IV of that Act. Financial support for organisations helping persons with rights of appeal7 Section 81 of the Immigration and Asylum Act 1999 shall have effect as if section 2 above were contained in Part IV of that Act. " Section 169(2). SCHEDULE 15 Transitional Provisions and SavingsLeave to enter or remain1 (1) An order made under section 3A of the 1971 Act may make provision with respect to leave given before the commencement of section 1. (2) An order made under section 3B of the 1971 Act may make provision with respect to leave given before the commencement of section 2. Section 2 of the Asylum and Immigration Act 19962 (1) This paragraph applies in relation to any time before the commencement of the repeal by this Act of section 2 of the [1996 c. 49.] Asylum and Immigration Act 1996. (2) That section has effect, and is to be deemed always to have had effect, as if the reference to section 6 of the [1993 c. 23.] Asylum and Immigration Appeals Act 1993 were a reference to section 15, and any certificate issued under that section is to be read accordingly. Adjudicators and the Tribunal3 (1) Each existing member of the Tribunal is to continue as a member of the Tribunal as if he had been duly appointed by the Lord Chancellor under Schedule 2. (2) Each existing adjudicator is to continue as an adjudicator as if he had been duly appointed by the Lord Chancellor under Schedule 3. (3) The terms and conditions for a person to whom sub-paragraph (1) or (2) applies remain those on which he held office immediately before the appropriate date. (4) The provisions of Schedule 7 to the [1993. c. 8.] Judicial Pensions and Retirement Act 1993 (transitional provisions for retirement dates), so far as applicable in relation to an existing member or adjudicator immediately before the appropriate date, continue to have effect. (5) The repeal by this Act of Schedule 5 to the 1971 Act (provisions with respect to adjudicators and the Tribunal) does not affect any entitlement which an existing member or adjudicator had immediately before the appropriate date as a result of a determination made under paragraph 3(1)(b) or 9(1)(b) of that Schedule. (6) "The appropriate date" means-- (a) in relation to existing members of the Tribunal, the date on which section 56 comes into force; and (b) in relation to existing adjudicators, the date on which section 57 comes into force. (7) "Existing member" means a person who is a member of the Tribunal immediately before the appropriate date. (8) "Existing adjudicator" means a person who is an adjudicator immediately before the appropriate date. References to justices' chief executive4 At any time before the coming into force of section 90 of the Access to Justice Act 1999-- (a) the reference in section 48(3)(b) to the justices' chief executive appointed by the magistrates' court committee whose area includes the petty sessions area for which the specified court acts is to be read as a reference to the clerk of that court; and (b) the reference in section 28K(9)(a) and (10) of the 1971 Act (inserted by section 138) to the justices' chief executive appointed by the magistrates' court committee whose area includes the petty sessions area for which the justice acts is to be read as a reference to the clerk to the justices for the petty sessions area for which the justice acts. Duties under National Assistance Act 19485 Section 116 has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act. Duties under Health Services and Public Health Act 19686 Section 117(1) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act. Duties under Social Work (Scotland) Act 19687 Subsections (1) to (3) of section 120 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act. Duties under Health and Personal Social Services (Northern Ireland) Order 19728 Subsections (1) and (2) of section 121 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act. Duties under National Health Service Act 19779 Section 117(2) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act. Duties under Mental Health (Scotland) Act 198410 Subsections (4) and (5) of section 120 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act. Appeals relating to deportation orders11 Section 15 of the 1971 Act, section 5 of the [1988 c. 14] Immigration Act 1988 and the [S.I. 1993/1656] Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1993 are to continue to have effect in relation to any person on whom the Secretary of State has, before the commencement of the repeal of those sections, served a notice of his decision to make a deportation order. 12 (1) Sub-paragraph (2) applies if, on the coming into force of section 10, sections 15 of the 1971 Act and 5 of the Immigration Act 1988 have been repealed by this Act. (2) Those sections are to continue to have effect in relation to any person-- (a) who applied during the regularisation period fixed by section 9, in accordance with the regulations made under that section, for leave to remain in the United Kingdom, and (b) on whom the Secretary of State has since served a notice of his decision to make a deportation order. Assistance under Part VII of the Housing Act 199613 (1) The Secretary of State may by order provide for any provision of Part VII of the [1996 c. 52.] Housing Act 1996 (homelessness) to have effect in relation to section 185(2) persons, during the interim period, with such modifications as may be specified in the order. (2) An order under this paragraph may, in particular, include provision-- (a) for the referral of section 185(2) persons by one local housing authority to another by agreement between the authorities; (b) as to the suitability of accommodation for such persons; (c) as to out-of-area placements of such persons. (3) "Interim period" means the period beginning with the passing of this Act and ending on the coming into force of the repeal of section 186 of the Act of 1996 (asylum-seekers and their dependants) by this Act (as to which see section 117(5)). (4) "Local housing authority" has the same meaning as in the Act of 1996. (5) "Section 185(2) person" means a person who-- (a) is eligible for housing assistance under Part VII of the Act of 1996 as a result of regulations made under section 185(2) of that Act; and (b) is not made ineligible by section 186 (or any other provision) of that Act. (6) The fact that an order may be made under this paragraph only in respect of the interim period does not prevent it from containing provisions of a kind authorised under section 166(3)(a) which are to have continuing effect after the end of that period. Provision of support14 (1) The Secretary of State may, by directions given to a local authority to whom Schedule 9 applies, require the authority to treat the interim period fixed for the purposes of that Schedule as coming to an end-- (a) for specified purposes, (b) in relation to a specified area or locality, or (c) in relation to persons of a specified description, on such earlier day as may be specified. (2) The Secretary of State may, by directions given to an authority to whom an amended provision applies, provide for specified descriptions of person to be treated-- (a) for specified purposes, or (b) in relation to a specified area or locality, as being persons to whom section 115 applies during such period as may be specified. (3) Directions given under this paragraph may-- (a) make such consequential, supplemental or transitional provision as the Secretary of State considers appropriate; and (b) make different provision for different cases or descriptions of case. (4) "Specified" means specified in the directions. (5) "Amended provision" means any provision amended by-- (a) section 116; (b) section 117(1) or (2); (c) section 120; or (d) section 121. Section 169(3). SCHEDULE 16 Repeals
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