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Immigration and Asylum Act 1999
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- 1999 c. 33
- SCHEDULE 1
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Changes to legislation:
Immigration and Asylum Act 1999,
SCHEDULE 1 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 10(12) inserted by 2023 c. 37 s. 10(6)
- s. 40(1)-(1C) substituted for s. 40(1) by 2022 c. 36 s. 76(2)
- s. 40(4A)(4B) inserted by 2022 c. 36 s. 76(5)
- s. 72(10) repealed by 2004 c. 19 Sch. 4
- s. 94(2A)-(2C) inserted by 2016 c. 19 Sch. 11 para. 3(3)
- s. 94(2D) inserted by 2016 c. 19 Sch. 11 para. 7(4)
- s. 94(3)(3A) substituted for s. 94(3) by 2002 c. 41 s. 44(4) (This amendment is repealed (prosp.) by 2016 c. 19, Sch. 11 para. 41)
- s. 94(3A)-(3D) inserted by 2016 c. 19 Sch. 11 para. 3(5)
- s. 95A inserted by 2016 c. 19 Sch. 11 para. 9
- s. 96(1A) inserted by 2016 c. 19 Sch. 11 para. 10(3)
- s. 97(3A)(b)(iv) inserted by 2022 c. 36 s. 13(2)(c)(ii)
- s. 97(8)(9) inserted by 2016 c. 19 Sch. 11 para. 11(4)
- s. 98A inserted by 2016 c. 19 Sch. 11 para. 13
- s. 98A(5) inserted by 2022 c. 36 s. 13(4)
- s. 103(4)(a) words substituted by 2004 c. 19 s. 10(4)(b)
- s. 103(5)(b) word substituted by S.I. 2008/2833 Sch. 3 para. 183(ii)
- s. 103A(1) words substituted by 2004 c. 19 s. 10(5)
- s. 103A(1) heading words substituted by 2004 c. 19 s. 10(5)
- s. 103A(1) words substituted by S.I. 2008/2833 Sch. 3 para. 184
- s. 125(2)(ba) inserted by 2016 c. 19 Sch. 11 para. 22(3)(b)
- s. 146(2)(za) inserted by 2016 c. 19 s. 44(9)
- s. 166(5)(ca) substituted for word in s. 166(5)(c) by 2016 c. 19 Sch. 11 para. 24(2)
- s. 166(5A)(5B) inserted by 2016 c. 19 Sch. 11 para. 24(3)
- s. 166(6)(aa) substituted for word in s. 166(6)(a) by 2016 c. 19 Sch. 11 para. 24(4)
- Sch. 2 para. 21 modified by 2002 c. 41 s. 23(2)(a)
- Sch. 3 para. 2(5) modified by 2002 c. 41 s. 23(2)(b)
Sections 37(6) and 42(8).
SCHEDULE 1U.K. Sale of Transporters
This schedule has no associated Explanatory Notes
Modifications etc. (not altering text)
C1S. 37 (and Sch. 1) applied (with modifications) (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1-4 (with art. 5)
C2Sch. 1 power to apply (with modifications) conferred (18.7.2012) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 124(6), 162(1) (with s. 159); S.I. 2012/1887, art. 2
Leave of court requiredU.K.
1(1)The sale of a transporter requires the leave of the court.U.K.
(2)The court is not to give its leave except on proof—
(a)that the penalty [F1or charge] is or was due;
(b)that the person liable to pay it or any connected expenses has failed to do so; and
(c)that the transporter which the Secretary of State seeks leave to sell is liable to sale.
Textual Amendments
F1Words in Sch. 1 para. 1(2)(a) repealed (8.12.2002 for specified purposes, 11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 16(2), Sch. 9 (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4); S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)
Commencement Information
I1Sch. 1 para. 1 partly in force; Sch. 1 para. 1 not in force at Royal Assent see s. 170(4); Sch. 1 para. 1 in force for certain purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch.
Notice of proposed saleU.K.
2U.K.Before applying for leave to sell a transporter, the Secretary of State must take such steps as may be prescribed—
(a)for bringing the proposed sale to the notice of persons whose interests may be affected by a decision of the court to grant leave; and
(b)for affording to any such person an opportunity of becoming a party to the proceedings if the Secretary of State applies for leave.
[F22AU.K.Where the owner of a transporter is a party to an application for leave to sell it, in determining whether to give leave the court shall consider—
(a)the extent of any hardship likely to be caused by sale,
(b)the extent (if any) to which the owner is responsible for the matters in respect of which the penalty notice was issued, and
(c)any other matter which appears to the court to be relevant (whether specific to the circumstances of the case or of a general nature).]
Textual Amendments
F2Sch. 1 para. 2A inserted (8.12.2002 for specified purposes, 11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 16(3) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4); S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)
Duty to obtain best priceU.K.
3U.K.If leave for sale is given, the Secretary of State must secure that the transporter is sold for the best price that can reasonably be obtained.
Commencement Information
I2Sch. 1 para. 3 partly in force; Sch. 1 para. 3 not in force at Royal Assent see s. 170(4); Sch. 1 para. 3 in force for certain purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch.
Effect of failure to comply with paragraph 2 or 3U.K.
4U.K.Failure to comply with any requirement of paragraph 2 or 3 in respect of any sale—
(a)is actionable against the Secretary of State at the suit of any person suffering loss in consequence of the sale; but
(b)after the sale has taken place, does not affect its validity.
Commencement Information
I3Sch. 1 para. 4 partly in force; Sch. 1 para. 4 not in force at Royal Assent see s. 170(4); Sch. 1 para. 4 in force for certain purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch.
Application of proceeds of saleU.K.
5(1)Any proceeds of sale arising from a sale under section 37 [F3or 42] must be applied—U.K.
(a)in making prescribed payments; and
(b)in accordance with such provision as to priority of payments as may be prescribed.
(2)The regulations may, in particular, provide for proceeds of sale to be applied in payment—
(a)of customs or excise duty,
(b)of value added tax,
(c)of expenses incurred by the Secretary of State,
(d)of any penalty [F4or charge] which the court has found to be due,
(e)in the case of the sale of an aircraft, of charges due as a result of regulations made under section 73 of the M1Civil Aviation Act 1982,
(f)of any surplus to or among the person or persons whose interests in the transporter have been divested as a result of the sale,
but not necessarily in that order of priority.
Textual Amendments
F3Words in Sch. 1 para. 5(1) repealed (8.12.2002 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 16(4), Sch. 9 (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4), S.I. 2023/32, art. 2(1)(b)(2)
F4Words in Sch. 1 para. 5(2)(d) repealed (8.12.2002 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 16(5), Sch. 9 (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4), S.I. 2023/32, art. 2(1)(b)(2)
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