Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003

JurisdictionUK Non-devolved

2003 No. 754 (C. 37)

IMMIGRATION

The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003

Made 14th March 2003

In exercise of the powers conferred upon him by section 162(1), (4) and (6) of the Nationality, Immigration and Asylum Act 20021, the Secretary of State hereby makes the following Order:

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. 4) Order 2003.

(2) In this Order—

the 1971 Act” means the Immigration Act 19712;

the 1988 Act” means the Immigration Act 19883;

the 1993 Act” means the Asylum and Immigration Appeals Act 19934;

the 1997 Act” means the Special Immigration Appeals Commission Act 19975;

the 1999 Act” means the Immigration and Asylum Act 19996; and

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

S-2 Commencement and appointed date provisions

Commencement and appointed date provisions

2.—(1) The provisions of the 2002 Act specified in column 1 of Schedule 1 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.

(2) The date appointed under section 162(4) of the 2002 Act for the purposes of section 8 of that Act is 1st April 2003.

S-3 Transitional provisions

Transitional provisions

3.—(1) Subject to Schedule 2, the new appeals provisions are not to have effect in relation to events which took place before 1st April 2003 and, notwithstanding their repeal by the provisions of the 2002 Act commenced by this Order, the old appeals provisions are to continue to have effect in relation to such events.

(2) Schedule 2, which makes further transitional provisions, has effect.

S-4 Definitions for transitional provisions

Definitions for transitional provisions

4.—(1) In this Order—

(a)

(a) “the new appeals provisions” means sections 82 to 99 and sections 101 to 103 of the 2002 Act; together with any provision (including subordinate legislation) of—

(i) the 2002 Act;

(ii) the 1971 Act, the 1997 Act and the 1999 Act (all as amended by the 2002 Act);

which refer to those provisions;

(b)

(b) “the old appeals provisions” means—

(i) sections 13 to 17 of the 1971 Act;

(ii) subsections (1) to (4) of section 8 of the 1993 Act;

(iii) the 1997 Act (without the amendments made by the 2002 Act);

(iv) Part IV of, and Schedule 4 (except paragraphs 10 to 20 and 23) to, the 1999 Act;

(v) section 115 of the 2002 Act;

together with—

(vi) any subordinate legislation which applies to those provisions (unless specific provision is made to the contrary); and

(vii) any provision of the old Immigration Acts which refers to those provisions;

(c)

(c) “the old Immigration Acts” means the 1971 Act, the 1988 Act, the 1993 Act, the 1996 Act, the 1997 Act and the 1999 Act, all without the amendments made by the 2002 Act.

(3) For the purposes of article 3 and Schedule 2, an event has taken place under the old Immigration Acts where—

(a)

(a) a notice was served;

(b)

(b) a decision was made or taken;

(c)

(c) directions were given; and

(d)

(d) a certificate was issued.

(4) For the purposes of this Order—

(a)

(a) a notice was served;

(b)

(b) a decision was made or taken;

(c)

(c) directions were given; and

(d)

(d) a certificate was issued;

on the day on which it was or they were sent to the person concerned, if sent by post or by fax, or delivered to that person, if delivered by hand.

(5) In this article—

(a)

(a) “the person concerned” means the person who is the subject of the notice, decision, directions or certificate or the person who appears to be his representative; and

(b)

(b) a reference to the issue of a certificate is a reference to the issue of a certificate under section 11, 12 or 72(2) of the 1999 Act or section 115 of the 2002 Act.

Beverley Hughes

Minister of State

Home Office

14th March 2003

SCHEDULE 1

Article 2

SCHEDULE 1

Column 1

Column 2

Column 3

Section 4 (deprivation of citizenship).

1st April 2003

Section 12 (British citizenship: registration of certain persons without other citizenship).

30th April 2003

Section 13 (British citizenship: registration of certain persons born between 1961and 1983).

30th April 2003

Section 68 (1) to (5) (bail).

1st April 2003

Section 72 (9) and (10) (serious criminal).

1st April 2003

Section 77 (no removal while claim for asylum pending).

1st April 2003

Section 78 (no removal while appeal pending).

1st April 2003

Section 79 (deportation order: appeal).

1st April 2003

Section 80 (removal of asylum-seeker to third country).

1st April 2003

So far as not already in force.

Section 81 (adjudicators).

1st April 2003

Section 82 (right of appeal: general).

1st April 2003

Section 83 (appeal: asylum claim).

1st April 2003

Section 84 (grounds of appeal).

1st April 2003

Section 85 (matters to be considered).

1st April 2003

Section 86 (determination of appeal).

1st April 2003

Section 87 (successful appeal: direction).

1st April 2003

Section 88 (ineligibility).

1st April 2003

Section 89 (visitor or student without entry clearance).

1st April 2003

Section 90 (non-family visitor).

1st April 2003

Section 91 (student).

1st April 2003

Section 92 (appeal from within United Kingdom: general).

1st April 2003

Section 93 (appeal from within United Kingdom: “third country” removal).

1st April 2003

Section 94 (appeal from within United Kingdom: unfounded human rights or asylum claim).

1st April 2003

Section 95 (appeal from outside United Kingdom: removal).

1st April 2003

Section 96 (earlier right of appeal).

1st April 2003

Section 97 (national security, &c.)

1st April 2003

Section 98 (other grounds of public good).

1st April 2003

Section 99 (sections 96 to 98: appeal in progress).

1st April 2003

Section 100 (Immigration Appeal Tribunal).

1st April 2003

Section 101 (appeal to Tribunal).

1st April 2003

Section 102 (decision).

1st April 2003

Section 103 (appeal from Tribunal).

1st April 2003

Section 104 (pending appeal).

1st April 2003

Section 105 (notice of immigration decision).

1st April 2003

Section 106 (rules).

1st April 2003

Section 107 (practice directions).

1st April 2003

Section 108 (forged document: proceedings in private).

1st April 2003

Section 109 (European Union and European Economic Area).

1st April 2003

Section 110 (grants).

1st April 2003

Section 111 (monitor of certification of claims as unfounded).

1st April 2003

Section 114 (1) and (2) (repeal).

1st April 2003

Section 116 (Special Immigration Appeals Commission: Community Legal Service).

1st April 2003

Section 117 (Northern Ireland appeals: legal aid).

1st April 2003

Section 118 (leave pending decision on variation application).

1st April 2003

Section 120 (requirement to state additional grounds for application).

1st April 2003

Section 123 (advice about work permit, &c.).

1st June 2003

Section 126 (physical data: compulsory provision).

1st April 2003

Section 130 (Inland Revenue).

1st April 2003

Section 142 (Advisory Panel on Country Information).

1st April 2003

Section 147(1), (3) and (4) (employment).

1st April 2003

Section 147(2) (employment).

1st April 2003

For the purpose of enabling subordinate legislation to be made under it.

Schedule 4 (Immigration and Asylum Appeals: Adjudicators).

1st April 2003

Schedule 5 (The Immigration Appeal Tribunal).

1st April 2003

Schedule 6 (Immigration and Asylum Appeals: Transitional Provision).

1st April 2003

Schedule 7 (Immigration and Asylum Appeals: Consequential Amendments).

1st April 2003

So far as not already in force.

Section 161 and Schedule 9 (repeals) (the entries relating to sections 3(9)(b), 29 and 31(d) of the Immigration Act 1971; to sections 19E(7) and 71A(1) of the Race Relations Act 19767; to sections 7 to 9, 10, 19 to 21, 22, 27(2), 28, 33, 44(2) and (3) of and Schedule 2 paragraph 3(1)(b) and Schedule 4 to the British Nationality Act 19818; to section 4(3)(b) of the British Nationality (Falkland Islands) Act 19839; to section 1(5) of the British Nationality (Hong Kong) Act 199010; to sections 2A, 4, 5(1)(a) and (b) and (2) and 7A of, and Schedule 2 to, the Special Immigration Appeals Commission Act 199711; to sections 15, and 56 to 81, of, and Schedules 2 to 4, and 14, to, the 1999 Act; and to Schedule 2 to the Race Relations Amendment Act 2000.12

1st April 2003

SCHEDULE 2

Article 3

SCHEDULE 2

SCH-2.1

1. Transitional provisions relating to the 2002 Act

(1) In this paragraph, a reference to a section or to a Schedule is to be read as a reference to a section of, or to a Schedule to, the 2002 Act, unless otherwise specified.

(2) Section 77 (no removal while claim for asylum pending) shall have effect in relation to a claim for asylum pending on 31st March 2003 as it has effect in relation to a claim for asylum pending under the 2002 Act.

(3) Section 78 (no removal while appeal pending) shall have effect in relation to an appeal pending under the old appeals provisions as it has effect in relation to an appeal pending under section 82(1) of the 2002 Act.

(4) Section 79 (deportation order: appeal) shall have effect in relation to an appeal pending under the old appeals provisions as it has effect in relation to an appeal pending under section 82(1) of the 2002 Act.

(5) Section 115 (appeal from within the United Kingdom: unfounded human rights claim or asylum claim: transitional provision) shall continue to have effect in relation to any person who made an asylum claim or human rights claim (as defined in subsection (10)) on or after 1st April 2003.

SCH-2.2

2. Transitional provisions relating to the appeals provisions of the 1971 Act

(1) In this paragraph, a reference to a section or to a Schedule is to be read as a reference to a section of, or to a Schedule to, the 1971 Act, unless...

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