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Nationality, Immigration and Asylum Act 2002 (Commencement No. 1) Order 2002

As Enacted Cited authorities 30 Cited in Related
Vincent

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 20021, the Secretary of State hereby makes the following Order:

Citation and interpretation
S-1 Citation and interpretation

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 19992and “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002.

Commencement
S-2 Commencement

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

Transitional provision

S-3 Until Part V of the 2002 Act (immigration and asylum appeals)...

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.

S-4 The amendments of the 1999 Act made by paragraphs 1 to 12,...

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.

S-5 The amendment of the 1999 Act made by section 140(1) of the ...

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).

S-6 Until section 134 of the 2002 Act (employer) comes into...

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 19713(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

SCHEDULE

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 wagon4

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

(This note is not part of the Order)

This Order brings into force, on 8th January 2003, sections 54, 55, 119, 140, 141, 152, 153, 154, 155 and 157 of, and Schedule 3 to, the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”).

Schedule 3 to the 2002 Act provides that certain classes of person are ineligible for support or assistance under provisions listed in paragraph 1 of the Schedule unless they fall within one of the exceptions set out in paragraph 2 of the Schedule. The classes in question are those with refugee status abroad, citizens of other EEA States, failed asylum seekers and...

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