The Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/310 |
| Year | 2008 |
2008 No. 310 (C. 10)
immigration
The Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008
Made 8th February 2008
The Secretary of State makes the following Order in exercise of the powers conferred by section 62 of the Immigration, Asylum and Nationality Act 20061.
Citation and interpretation
1.—(1) This Order may be cited at the Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008.
(2) In this Order—
“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 20022;
“the 1999 Act” means the Immigration and Asylum Act 19993;
“the 1996 Act” means the Asylum and Immigration Act 19964; and
“immigration rules” means rules made under section 3(2) of the Immigration Act 19715.
Commencement
2.—(1) Subject to article 5 the following provisions of the 2006 Act shall come into force on 29th February 2008—
(a)
(a) sections 15 to 18 to the extent to which they are not already in force (penalty for employment of adult subject to immigration control);
(b)
(b) sections 21 and 22 (offence of employing adult subject to immigration control);
(c)
(c) section 24 (employment of adult subject to immigration control: temporary admission);
(d)
(d) section 26 (repeal); and
(e)
(e) in Schedule 3, the entries relating to the 1996 Act.
(2) The following provisions of the 2006 Act shall come into force on 29th February 2008—
(a)
(a) section 50(3)(a) (repeal); and
(b)
(b) in Schedule 3, the entries relating to section 31A of the Immigration Act 1971.
3. The following provisions of the 2006 Act shall come in to force on 1st April 2008—
(a) subject to article 4, section 4 (entry clearance);
(b) section 33 (freight information: police powers) for the purposes of making an order under subsection (5)(a); and
(c) section 47 (removal: person with statutorily extended leave).
Saving and Transitional Provision
4. Notwithstanding the commencement of section 4 of the 2006 Act and the substitution of section 88A of the 2002 Act6and section 23 of the 1999 Act7, section 4(1) (appeals: entry clearance) and section 4(2) of the 2006 Act (monitoring refusals of entry clearance) shall have effect only so far as they relate to applications of a kind identified in immigration rules as requiring to be considered under a “Points Based System”.
5.—(1) Notwithstanding the commencement of section 26 of the 2006 Act (repeal) the following provisions and instruments continue to have effect in relation to employment which commenced before 29th February 2008, including employment which continued on or after that date—
(a)
(a) sections 8 (restrictions on employment) and 8A (code of practice) of the 1996 Act8;
(b)
(b) any Code of Practice in force immediately before 29th February 2008 under section 8A of the 1996 Act;
(c)
(c) the Immigration (Restrictions on Employment) Order 20049; and
(d)
(d) the Immigration (Restrictions on Employment) (Code of Practice) Order 200110.
(2) Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act are of no effect in relation to employment of a kind mentioned in paragraph (1).
Liam Byrne
Minister of State
Home Office
8th February 2008
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force provisions of the Immigration, Asylum and Nationality Act 2006 subject to transitional and saving provision.
The provisions specified in article 2 are brought into force on 29th February 2008.
The provisions specified in article 3 are brought into force on 1st April 2008.
Article 4 makes saving provision in relation to section 4(1) and 4(2) of the 2006 Act so that those sections shall have effect only so far as they relate to applications of a kind identified in immigration rules as requiring to be considered under a “Points Based System”.
Article 5 makes transitional provision in relation to Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act so that sections 8 and 8A of the 1996 Act and orders made under those sections continue to have effect in relation to employment which commenced before 29th February 2008, including employment which continued on or after that date. Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act are of no effect in relation to employment of this kind.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Immigration, Asylum and Nationality Act 2006 have been brought into force by commencement order made before the date of this Order.
Provision |
Date of Commencement |
S.I.No. |
Section 1 (variation of leave to enter or remain) |
31.08.2006 |
2006/2226 |
Section 2 (removal) |
31.08.2006 |
2006/2226 |
Section 3 (grounds of appeal) |
31.08.2006 |
2006/2226 |
Section 5 (failure to provide documents) |
31.08.2006 |
2006/2226 |
Section 6 (refusal of leave to enter) |
31.08.2006 |
2006/2226 |
Section 7 (deportation) |
31.08.2006 |
2006/2226 |
Section 8 (legal aid) |
30.04.2007 |
2007/1109 |
Section 9 (abandonment of appeal) |
13.11.2006 |
2006/2838 |
Section 10 (grants) |
16.06.2006 |
2006/1497 |
Section 11 (continuation of leave) |
31.08.2006 |
2006/2226 |
Section 14 (consequential amendments) |
31.08.2006 |
2006/2226 |
Section 15 (penalty for employment) (partially) |
05.11.2007 |
2007/3138 |
Section 16 (objection to employment penalty) (partially) |
05.11.2007 |
2007/3138 |
Section 19 (code of practice) |
31.08.2006 |
2006/2226 |
Section 20 (orders) |
05.11.2007 |
2007/3138 |
Section 23 (discrimination: code of practice) |
31.08.2006 |
2006/2226 |
Section 25 (interpretation) |
05.11.2007 |
2007/3138 |
Section 27 (documents produced or found) |
31.08.2006 |
2006/2226 |
Section 28 (fingerprinting) |
31.08.2006 |
2006/2226 |
Section 29 (attendance for fingerprinting) |
31.08.2006 |
2006/2226 |
Section 30 (proof of right of abode) |
16.06.2006 |
2006/1497 |
Section 31 (provision of information to immigration officers) (partially) |
05.11.2007 |
2007/3138 |
Section 31 (provision of information to immigration officers) (to the extent not already in force) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 32 (passenger and crew information: police powers) (partially) |
05.11.2007 |
2007/3138 |
Section 32 (passenger and crew information: police powers) (to the extent not already in force) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 34 (offence: failure to provide information) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 35 (power of Revenue and Customs to obtain information) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 36 (duty to share information) (partially) |
05.11.2007 |
2007/3138 |
Section 36 (duty to share information) (to the extent not already in force) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 37 (information sharing: code of practice) (partially) |
05.11.2007 |
2007/3138 |
Section 37 (information sharing: code of practice) (to the extent not already in force) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 38 (disclosure of information for security purposes) (partially) |
05.11.2007 |
2007/3138 |
Section 38 (disclosure of information for security purposes) (to the extent not already in force) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 39 (disclosure to law enforcement agencies) |
01.03.2008 |
2007/3138 amended by 2007/3580 |
Section 40 (searches: contracting out) |
31.06.2006 |
2006/2226 |
Section 41 (section 40: supplemental) |
31.06.2006 |
2006/2226 |
Section 42 (information: embarking passengers) |
31.06.2006 |
2006/2226 |
Section 43 (accommodation) |
16.06.2006 |
2006/1497 |
Section 45 (integration loans) |
30.06.2006 |
2006/2226 |
Section 46 (inspection of detention facilities) |
31.08.2006 |
2006/2226 |
Section 48 (removal: cancellation of leave) |
16.06.2006 |
2006/1497 |
Section 49 (capacity to make nationality application) |
31.06.2006 |
2006/2226 |
Section 50 (procedure) (partially) |
31.01.2007 |
2007/182 |
Section 50 (procedure) (partially) |
05.11.2007 |
2007/3138 |
Section 51 (fees) |
31.01.2007 |
2007/182 |
Section 52 (fees: supplemental) (partially) |
31.01.2007 |
2007/182 |
Section 52(7) (fees: supplemental) (to extent not already in force) |
02.04.2007 |
2007/1109 |
Section 53 (arrest pending deportation) |
31.06.2006 |
2006/2226 |
Section 54 (refugee convention: construction) |
31.06.2006 |
2006/2226 |
Section 55 (refugee convention: certification) |
31.06.2006 |
2006/2226 |
Section 56 (deprivation and citizenship) |
16.06.2006 |
2006/1497 |
Section 57 (deprivation and right of abode) |
16.06.2006 |
2006/1497 |
Section 58 (acquisition of British nationality) |
04.12.2006 |
2006/2838 |
Section 59 (detained persons: national minimum wage) |
31.06.2006 |
2006/2226 |
Section 60 (money) |
16.06.2006 |
2006/1497 |
Section 61 (repeals) (partially) |
16.06.2006 |
2006/1497 |
31.06.2006 |
2006/2226 |
|
02.04.2007 |
2007/1109 |
|
Schedule 1 (partially) |
31.08.2006 |
2006/2226 |
Schedule 2 (partially) |
07.03.2007 |
2007/467 |
Schedule 2 (to the extent not already in force) |
02.04.2007 |
2007/1109 |
Schedule 3... |
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