The Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2771 |
2014No. 2771 (C. 122)
IMMIGRATION
The Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014
15thOctober2014
The Secretary of State, in exercise of the powers conferred by sections 35(3), 73(1) and 75(3) of the Immigration Act 2014( 1), makes the following Order:
PART 1
Introduction and days appointed
Citation and interpretation
1. (1) This Order may be cited as the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014.
(2) In this Order-
(a) "the 1971 Act" means the Immigration Act 1971( 2);(b) "the 2002 Act" means the Nationality, Immigration and Asylum Act 2002( 3);(c) "the Act" means the Immigration Act 2014;(d) "the relevant provisions" means section 1 (removal of persons unlawfully in the UK), section 15 (right of appeal to First-tier Tribunal) and section 17(2) (place from which appeal may be brought or continued) of, and paragraphs 3, 4, 5, 6 and 7 and Part 4 of Schedule 9 (apart from paragraph 26(2), (3) and (5)) (transitional and consequential provision relating to appeals) to, the Act;(e) "the saved provisions" means section 10 of the Immigration and Asylum Act 1999( 4), sections 62, 72 and 76, and Part 5 of the 2002 Act( 5), section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004( 6), section 47 of the Immigration, Asylum and Nationality Act 2006( 7) and paragraph 19(10) of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 8), as in force immediately prior to 20th October 2014.Provisions coming into force on 20th October 2014 subject to saving provision
2. The day appointed for the coming into force of the following provisions of the Act, subject to the saving provision in articles 9, 10 and 11, is 20th October 2014-
(a) section 1;(b) section 15;(c) section 17(2);(d) section 73(6) (transitional and consequential provision) so far as is necessary for the purpose of the provisions listed in sub-paragraph (e);(e) paragraphs 1, 3, 4, 5, 6, 7, 9 and 10(2), and Part 4 of Schedule 9 to the extent not already commenced, apart from paragraph 26(2), (3) and (5).Part 4 provisions coming into force on 20th October 2014
3. The day appointed for the coming into force of the following provisions of Part 4 of the Act (marriage and civil partnership), is 20th October 2014-
(a) section 49 (exempt persons) so far as is necessary for the purpose of making regulations;(b) section 50 (conduct of investigation) so far as is necessary for the purpose of making regulations;(c) section 51 (investigations: supplementary) so far as is necessary for the purpose of making regulations;(d) section 52 (referral of proposed marriages and civil partnerships in England and Wales) so far as is necessary for the purpose of the provisions listed in sub-paragraph (e);(e) paragraphs 1 (so far as it relates to the following provisions listed in this paragraph) and 4, 7, 8, 10, 15, 17, 18, 20, 21, 23, 24, 27 and 28 of Schedule 4 (referral of proposed marriages and civil partnerships in England and Wales) so far as is necessary for the purpose of making regulations;(f) section 53 (extension of scheme to Scotland and Northern Ireland) so far as is necessary for the purpose of making orders;(g) section 54 (supplementary provisions) so far as is necessary for the purpose of making regulations;(h) Schedule 5 (sham marriage and civil partnerships: administrative regulations);(i) section 60 (regulations about evidence);(j) section 61 (notices).Other provisions coming into force on 20th October 2014
4. The day appointed for the coming into force of the following provisions of the Act is 20th October 2014-
(a) section 7(3), (4) and (6) (immigration bail: repeat applications and effect of removal directions);(b) section 16 (report by Chief Inspector on administrative review);(c) section 38 (immigration health charge);(d) section 63 (immigration advisers and immigration service providers) so far as is necessary for the purpose of the provisions listed in sub-paragraph (f);(e) section 73(6) (transitional and consequential provision) so far as is necessary for the purpose of the provision listed in sub-paragraph (g);(f) paragraphs 1 and 3 of Schedule 7;(g) paragraph 1 of Schedule 9.Provisions coming into force on 17th November 2014
5. The day appointed for the coming into force of the following provisions of the Act is 17th November 2014-
(a) section 63 (immigration advisers and immigration service providers) so far as is necessary for the purpose of the provisions listed in sub-paragraph (c);(b) section 73(6) (transitional and consequential provision) so far as it is necessary for the purpose of the provisions listed in sub-paragraph (d);(c) Schedule 7 (immigration advisers and immigration service providers) to the extent not already commenced;(d) Part 8 of Schedule 9 (transitional and consequential provision relating to immigration advisers and immigration service providers).Provisions coming into force on 1st December 2014 in certain areas only
6. (1) The day appointed for the coming into force of the following provisions of the Act is 1st December 2014 in respect of premises located in the areas of the relevant local authorities specified in paragraph (2)-
(a) section 20 (residential tenancy agreement);(b) section 21 (persons disqualified by immigration status or with limited right to rent);(c) section 22 (persons disqualified by immigration status not to be leased premises);(d) section 23 (penalty notices: landlords);(e) section 24 (excuses available to landlords);(f) section 25 (penalty notices: agents);(g) section 26 (excuses available to agents);(h) section 27 (eligibility period);(i) section 28 (penalty notices: general);(j) section 29 (objection);(k) section 30 (appeals);(l) section 31 (enforcement); and(m) Schedule 3 (excluded residential tenancy agreements).(2) The relevant local authorities are-
(a) Birmingham City Council;(b) Dudley Metropolitan Borough Council;(c) Sandwell Metropolitan Borough Council;(d) Walsall Metropolitan Borough Council; and(e) Wolverhampton City Council.Provisions coming into force on 1st December 2014
7. The day appointed for the coming into force of the following provisions of the Act is 1st December 2014-
(a) section 32 (general matters);(b) section 33 (discrimination);(c) section 34 (orders);(d) section 35 (transitional provision);(e) section 36 (Crown application); and(f) section 37 (interpretation).Provisions coming into force on 15th December 2014
8. The day appointed for the coming into force of the following provisions of the Act is 15th December 2014-
(a) section 68 (fees);(b) section 69 (fees orders and fees regulations: supplemental);(c) section 73(6) (transitional and consequential provision) so far as it is necessary for the purpose of the provisions listed in sub-paragraph (d);(d) Part 11 of Schedule 9 (transitional and consequential provision relating to fees).PART 2
Transitional and saving provisions and repeals
Transitional and saving provision
9. Notwithstanding the commencement of the relevant provisions, the saved provisions continue to have effect, and the relevant provisions do not have effect, other than so far as they relate to the persons set out respectively in articles 10 and 11, unless article 11(2) or (3) applies.
10. The persons referred to in article 9 are-
(a) a person ("P1") who becomes a foreign criminal within the definition in section 117D(2) of the 2002 Act( 9) on or after 20th October 2014; and(b) a person who is liable to deportation from the United Kingdom under section 3(5)(b) of the 1971 Act( 10) because they belong to the family of P1.11. (1) The persons referred to in article 9 are a person ("P2") who makes an application on or after 20th October 2014 for leave to remain-
(a) as a Tier 4 Migrant;(b) as the partner of a Tier 4 Migrant under paragraph 319C of the immigration rules; or(c) as the child of a Tier 4 Migrant under paragraph 319H of the immigration rules.(2) The saved provisions have effect, and the relevant provisions do not have effect, where P2, having made an application of a kind mentioned in paragraph (1), at any time thereafter makes-
(a) an application for leave to enter; or(b) any further application for leave to remain which is not of a kind that is mentioned in paragraph (1);provided the subsequent application is not a protection claim or human rights claim, made while P2 is in the United Kingdom, other than at a port.
(3) Where paragraph (2) applies, the saved provisions also have effect, and the relevant provisions do not have effect, where a decision is taken in relation to P2-
(a) which constitutes an immigration decision under section 82(2) of the 2002 Act as in force immediately prior to 20th October 2014; or(b) to which section 83 or 83A of the 2002 Act as in force immediately prior to 20th October 2014 applies.(4) Where the relevant provisions apply, and an appeal has already been brought against an immigration decision under section 82(1) of the 2002 Act but before the relevant provisions applied, the reference to a "decision" in section 96(1)(a) of the 2002 Act is to be read as a reference to an "immigration decision".
(5) In this article-
(a) "human rights claim" means-(i) a claim made by a person to the Secretary of State that to remove the person from or require him to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c.42)(public authority not to act contrary to Convention); or(ii) an application for leave to remain made under paragraph 276ADE of, or Appendix FM to, the immigration rules;(b) "immigration decision" has the same meaning as in section 82(2) of the 2002 Act as in force immediately prior to 20th October 2014;(c) "immigration rules" means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the 1971 Act;(d) "Leave to enter the United Kingdom" means leave to enter the United Kingdom given in...To continue reading
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