SCHEDULE
Article 3
SCHEDULE
1. In section 11(1) of the Immigration Act 19712(construction of references to entry, and other phrases relating to travel), at the end there shall be inserted “or by section 68 of the Nationality, Immigration and Asylum Act 2002”.
2. In section 19C(4) and (5) of the Race Relations Act 19763(exceptions from section 19B for judicial and legislative acts etc) for the words “immigration and nationality functions” there shall be substituted, in each place, “immigration functions”.
British Nationality (Falkland Islands) Act 1983
3. In section 4(2) of the British Nationality (Falkland Islands) Act 19834(supplementary provisions) for paragraph (b) there shall be substituted—
“(b)
“(b) sections 42, 42A and 42B (registration and naturalisation: formalities, fee and timing), so far as they relate to registration;”.
British Nationality (Hong Kong) Act 1990
4. In section 2(3) of the British Nationality (Hong Kong) Act 19905(consequential nationality provisions)—
(a) “section 40 (deprivation of citizenship)” shall be omitted;
(b) for “section 42 (general provisions about registration etc)” there shall be substituted “section 42 (registration and naturalisation: citizenship ceremony, oath and pledge)”; and
(c) after “section 42 (general provisions about registration etc)” there shall be inserted—
“section 42A (registration and naturalisation: fee)
section 42B (registration and naturalisation: timing)”.
5. In paragraph 13(3) of Schedule 4A to the Water Industry Act 19916(disconnection) for “Asylum and Immigration Appeals Act 1993” there shall be substituted “Nationality, Immigration and Asylum Act 2002”.
Asylum and Immigration Appeals Act 1993
6. Section 9A of the Asylum and Immigration Appeals Act 19937(bail pending appeal from Immigration Appeal Tribunal) shall be amended as follows—
(a) in subsection (1)(a) for “Part IV of the Immigration and Asylum Act 1999” there shall be substituted “Part 5 of the Nationality, Immigration and Asylum Act 2002”; and
(b) for subsection (6) there shall be substituted—
“6 In this section ‘the appropriate appeal court’ means—
(a) if the appeal is from the determination of an adjudicator made in Scotland, the Court of Session; and
(b) in any other case, the Court of Appeal.”.
7. Paragraph 6 above shall not have effect in relation to 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.
Hong Kong (War Wives and Widows) Act 1996
8. In section 2(2) of the Hong Kong (War Wives and Widows) Act 19968(consequential nationality provisions)—
(a) “section 40 (deprivation of citizenship);” shall be omitted;
(b) for “section 42 (general provisions about registration etc)” there be substituted “section 42 (registration and naturalisation: citizenship ceremony, oath and pledge)”;
(c) after “section 42 (general provisions about registration etc)” there shall be inserted—
“section 42A (registration and naturalisation: fee)
section 42B (registration and naturalisation: timing)”; and
(d) after “section 44(1)” the words “and (2)” shall be omitted.
British Nationality (Hong Kong) Act 1997
9. In section 2(3) of the British Nationality (Hong Kong) Act 19979(supplementary)—
(a) “section 40 (deprivation of citizenship);” shall be omitted;
(b) for “section 42 (general provisions about registration etc) there shall be substituted” “section 42 (registration and naturalisation: citizenship ceremony, oath and pledge)”; and
(c) after “section 42 (general provisions about registration etc);” there shall be inserted—
“section 42A (registration and naturalisation: fee);
section 42B (registration and naturalisation: timing);”.
Special Immigration Appeals Commission Act 1997
10. In section 3(2) of the Special Immigration Appeals Commission Act 199710after “Immigration Act 1971” there shall be inserted “or the Nationality, Immigration and Asylum Act 2002”.
Immigration and Asylum Act 1999
11. Section 12 of the Immigration and Asylum Act 199911(removal of asylum claimant other than under standing arrangements with member States) shall be amended as follows—
(a) in subsection (2)—
(i) for “section 15” there shall be substituted “section 77 of the Nationality, Immigration and Asylum Act 2002”, and
(ii) paragraph (b) shall be omitted,
(b) subsection (3) shall be omitted,
(c) in subsection (5)—
(i) for “section 15” there shall be substituted “section 77 of that Act”, and
(ii) paragraphs (b) and (c) shall be omitted,
(d) subsection (6) shall be omitted,
(e) after subsection (7) there shall be inserted—
“7A Subsection (7B) applies where a person who is the subject of a certificate under subsection (2) or (5)—
(a) has instituted or could institute an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (immigration appeal), and
(b) has made a human rights claim (within the meaning of section 113 of that Act).
7B The person may not be removed from the United Kingdom in reliance upon this section unless—
(a) the appeal is finally determined, withdrawn or abandoned (within the meaning of section 104 of that Act) or can no longer be brought (ignoring any possibility of an appeal out of time with permission), or
(b) the Secretary of State has issued a certificate in relation to the human rights claim under section 93(2)(b) of that Act (clearly unfounded claim).”.
