The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/1158 |
| Year | 2011 |
2011 No. 1158
Immigration
The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011
Made 25th April 2011
Coming into force 9th May 2011
Section 19(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 20041has been declared2under section 4 of the Human Rights Act 19983to be incompatible with a Convention right4.
The time for bringing an appeal has expired and no appeal has been brought within that time.
The Secretary of State considers that there are compelling reasons for proceeding by way of remedial order5to make such amendments to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 as she considers necessary to remove the incompatibility.
In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of Schedule 2 to that Act.
Accordingly, the Secretary of State makes the following Order in the exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a), (2) and (3) of Schedule 2 to, the Human Rights Act 1998:
Citation, commencement, extent and interpretation
1.—(1) This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 and shall come into force 14 days after the day on which it is made.
(2) Any repeal, revocation or other amendment made by this Order has the same extent as the provision which it repeals, revokes or otherwise amends (including extent by virtue of an Order in Council).
(3) In this Order, “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
Amendment to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004
2.—(1) In the 2004 Act, the following (which relate to procedure for marriage) are repealed—
(a)
(a) section 19(3),
(b)
(b) section 19(4)(c) and (d),
(c)
(c) in section 20(2), the words from the first “and” to “or (c),”,
(d)
(d) section 21(3),
(e)
(e) in section 21(4)(a), the words “, if satisfied as is mentioned in subsection (3),”,
(f)
(f) in section 21(5), the words from “except that for the purposes of” until the end,
(g)
(g) in section 22(3), the words “or (3)(c)”,
(h)
(h) section 23(3),
(i)
(i) in section 23(4), the words “Subject to subsection (5),”,
(j)
(j) section 23(5), and
(k)
(k) section 23(6)(c) and (d).
(2) In section 20(3) of the 2004 Act, for the words before paragraph (a) substitute “Regulations under section 19(2)(a)—”.
(3) Section 256of the 2004 Act (application for permission) is repealed for all remaining purposes.
Amendment to the Immigration (Procedure for Marriage) Regulations 2005
3. In the Immigration (Procedure for Marriage) Regulations 20057, the following are revoked—
(a) regulations 6 to 8, and
(b) Schedule 2.
Amendment to the Immigration, Asylum and Nationality Act 2006 (Commencement No. 6) Order 2007
4. In the Immigration, Asylum and Nationality Act 2006 (Commencement No. 6) Order 2007 8, article 6 is revoked.
Amendment to the Civil Partnership Act 2004
5.—(1) In Schedule 23 to the Civil Partnership Act 20049, the following (which relate to procedure for the formation of civil partnerships) are repealed—
(a)
(a) paragraph 2,
(b)
(b) paragraphs 5 and 6,
(c)
(c) paragraph 10(1),
(d)
(d) in paragraph 10(2)(a), the words “, if satisfied as is mentioned in sub-paragraph (1),”,
(e)
(e) paragraph 10(3),
(f)
(f) paragraph 14,
(g)
(g) paragraph 15(1),
(h)
(h) in paragraph 15(2), the words “is satisfied as mentioned in sub-paragraph (1) but”, and
(i)
(i) paragraph 15(3).
(2) In paragraph 10(2) of that Schedule, for the words “so submitted” substitute “submitted by virtue of paragraph 9(1)”.
Amendment to the Immigration (Procedure for Formation of Civil Partnership) Regulations 2005
6. In the Immigration (Procedure for Formation of Civil Partnership) Regulations 200510, the following are revoked—
(a) regulations 3 and 4,
(b) regulation 8, and
(c) Schedule 1.
Amendment to the Immigration and Nationality (Fees) Order 2007
7. In the Immigration and Nationality (Fees) Order 200711, Article 3(2)(m) and (n) are revoked.
Amendment to the Immigration (Isle of Man) Order 2008
8.—(1) The Immigration (Isle of...
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