(The document as of February, 2008)

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Statutory Instruments

2007 No. 1109 (C. 50)

Immigration

The Immigration, Asylum and Nationality Act 2006 (Commencement No. 6) Order 2007

Made

29th March 2007

The Secretary of State, in exercise of the powers conferred by section 62 of the Immigration, Asylum and Nationality Act 2006(1), makes the following Order:

Citation and interpretation

1. This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Commencement No. 6) Order 2007.

2. In this Order, "the Act" means the Immigration, Asylum and Nationality Act 2006.

Commencement

3. Section 8 (legal aid) of the Act shall come into force on 30th April 2007.

4. Section 52(7) (fees: supplemental) of, and Schedule 2 (fees: consequential amendments) to, the Act shall come into force on 2nd April 2007, to the extent that those provisions are not already in force.

5. Subject to article 6, section 61 (repeals) of, and Schedule 3 (repeals) to, the Act shall come into force on 2ndApril 2007, to the extent that those provisions relate to entries listed in the Schedule to this Order.

Savings

6. --(1) The repeal by this Order of section 25 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(2) shall not affect the power of the Secretary of State to make regulations under that section which--

(a) require a person seeking permission under section 19(3)(b), 21(3)(b) or 23 (3)(b) of that Act or under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004(3) to make an application in writing; or

(b) specify the information to be contained in, or provided with, the application, and how and to whom the fee in respect of that application is to be paid.

(2) In such regulations, the reference to the fee to be paid shall be taken to be a reference to the fee to be paid in connection with such an application payable by virtue of an order made under section 51(1) of the Act.

Liam Byrne

Minister of State

Home Office

29th March 2007

Article 5

SCHEDULE

Repeals

*Short title and chapter*	*Extent of repeal*
British Nationality Act 1981 (c. 61)	Section 41(2)
	In section 41(3)--
	(a) the words "or (2)", and
	(b) paragraph (b)
	Section 42A

Immigration and Asylum Act 1999 (c. 33)	Section 5
	Section 27

Nationality, Immigration and Asylum Act 2002 (c. 41)	Section 10(2)(e)
	Section 122, subject to the saving that subsection (2) continues to have effect so far as is necessary for the purposes of section 88(3)(c)

Asylum and Immigration (Treatment of Claimants, etc) Act 2004	Section 25
	In Section 42(1) the words", with the consent of the Treasury,".

EXPLANATORY NOTE

(This note is not part of the Order)

Article 3 brings into force section 8 (legal aid) of the Immigration, Asylum and Nationality Act 2006 (‘the 2006 Act') on 30th April 2007

Article 4 brings into force section 52(7) of, and Schedule 2 (fees: consequential amendments) to, the 2006 Act on 2nd April 2007, to the extent that those provisions are not already in force.

Article 5 brings into force section 61 of, and Schedule 3 (repeals) to, the 2006 Act on 2nd April 2007, to the extent that those provisions relate to the entries listed in Schedule 1 to this Order.

However section 122 of the Nationality, Immigration and Asylum Act 2002 shall remain in force for the purpose of the definition of work permit or other immigration employment document in section 88(3)(c) of that Act.

In addition, by virtue of article 6, section 25 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 will not affect the power of the Secretary of State to make regulations under that section which require a person seeking permission to marry under section 19(3)(b), 21(3)(b) or 23(3)(b) of that Act or to form a civil partnership under paragraph 2(1)(b) of the Civil Partnership Act 2004 to make an application in writing and specify the information to be contained in, or provided with, the application, and how and to whom the fee in respect of that application is to be paid.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I. No

Section 1 (variation of leave to enter or remain)

Section 2 (removal)

Section 3 (grounds of appeal)

Section 5 (failure to provide documents)

Section 6 (refusal of leave to enter)

Section 7 (deportation)

Section 9 (abandonment of appeal)

Section 10 (grants)

Section 11 (continuation of leave)

Section 14 (consequential amendments)

Section 19 (code of practice)

Section 23 (discrimination: code of practice)

Section 27 (documents produced or found)

Section 28 (fingerprinting)

Section 29 (attendance for fingerprinting)

Section 30 (proof of right of abode)

Section 40 (searches: contracting out)

Section 41 (section 40: supplemental)

Section 42 (information: embarking passengers)

Section 43 (accommodation)

Section 45 (integration loans)

Section 46 (inspection of detention facilities)

Section 48 (removal: cancellation of leave)

Section 49 (capacity to make nationality application)

Section 50 (procedure) (partially)

Section 51 (fees)

Section 52 (fees: supplemental) (partially)

Section 53 (arrest pending deportation)

Section 54 (refugee convention: construction)

Section 55 (refugee convention: certification)

Section 56 (deprivation and citizenship)

Section 57 (deprivation and right of abode)

Section 58 (acquisition of British nationality)

Section 59 (detained persons: national minimum wage)

Section 60 (money)

Section 61 (repeals)(partially)

31.08.2006

13.11.2006

16.06.2006

31.08.2006

16.06.2006

31.06.2006

16.06.2006

30.06.2006

31.08.2006

16.06.2006

31.06.2006

31.01.2007

31.06.2006

16.06.2006

04.12.2006

31.06.2006

16.06.2006

31.06.2006

2006/2226

2006/2838

2006/1497

2006/2226

2006/1497

2006/2226

2006/1497

2006/2226

2006/1497

2006/2226

2007/182

2006/2226

2006/1497

2006/2838

2006/2226

2006/1497

2006/2226

( 1 )

2006 c. 13. Back [1]

( 2 )

2004 c. 19. Back [2]

( 3 )

2004 c. 33. Back [3]

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