Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/1016

2003 No. 1016

IMMIGRATION

The Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003

Made 3rd April 2003

Coming into force in accordance with article 2

Whereas a draft of this Order has been laid before Parliament and approved by each House of Parliament in pursuance of section 157(4) of the Nationality, Immigration and Asylum Act 20021;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 157(1) of that Act, hereby makes the following Order:

S-1 Citation

Citation

1. This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003.

S-2 Commencement provisions

Commencement provisions

2.—(1) Paragraphs 3, 4(b) and (c), 8(b) and (c), and 9(b) and (c) of the Schedule shall come into force on the day on which section 3 of and Schedule 1 to the Nationality, Immigration and Asylum Act 2002 come into force for all purposes.

(2) The remainder of this Order shall come into force on 4th April 2003.

S-3 Consequential and incidental provisions

Consequential and incidental provisions

3. The enactments in the Schedule are amended as specified.

Bob Ainsworth

Parliamentary Under-Secretary of State

Home Office

3rd April 2003

SCHEDULE

Article 3

SCHEDULE

1971 Immigration Act 1971

Immigration Act 1971

SCH-1.1

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”.

1976 Race Relations Act 1976

Race Relations Act 1976

SCH-1.2

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”.

1983 British Nationality (Falkland Islands) Act 1983

British Nationality (Falkland Islands) Act 1983

SCH-1.3

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;”.

1990 British Nationality (Hong Kong) Act 1990

British Nationality (Hong Kong) Act 1990

SCH-1.4

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)”.

1991 Water Industry Act 1991

Water Industry Act 1991

SCH-1.5

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”.

1993 Asylum and Immigration Appeals Act 1993

Asylum and Immigration Appeals Act 1993

SCH-1.6

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—

SCH-1.6

“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.”.

SCH-1.7

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.

1996 Hong Kong (War Wives and Widows) Act 1996

Hong Kong (War Wives and Widows) Act 1996

SCH-1.8

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.

1997 British Nationality (Hong Kong) Act 1997

British Nationality (Hong Kong) Act 1997

SCH-1.9

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);”.

1997 Special Immigration Appeals Commission Act 1997

Special Immigration Appeals Commission Act 1997

SCH-1.10

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”.

1999 Immigration and Asylum Act 1999

Immigration and Asylum Act 1999

SCH-1.11

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—

SCH-1.7A

“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).

SCH-1.7B

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).”.

2001 International Criminal Court Act 2001

International Criminal Court Act 2001

SCH-1.12

12. The...

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