Search Legislation

Immigration and Asylum Act 1999

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Immigration and Asylum Act 1999, SCHEDULE 14 is up to date with all changes known to be in force on or before 28 March 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. Help about Changes to Legislation

Close

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.

View outstanding changes

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):

Section 169(1).

SCHEDULE 14U.K. Consequential Amendments

This schedule has no associated Explanatory Notes

The Marriages (Ireland) Act 1844 (c.81)U.K.

F11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Marriage Law (Ireland) Amendment Act 1863 (c.27)U.K.

F22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Marriage Act 1949 (c.76)U.K.

3U.K.The Marriage Act 1949 is amended as follows.

Commencement Information

I1Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

4U.K.In section 3(1) (marriages of persons under 21)—

(a)for “a certificate” substitute “ certificates ”; and

(b)omit “whether by licence or without licence,”.

Commencement Information

I2Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

5U.K.In section 5 (methods of authorising marriages), in paragraph (d), for “a certificate” substitute “ certificates ”.

Commencement Information

I3Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

6U.K.In section 17 (marriage under superintendent registrar’s certificate)—

(a)for “a certificate” substitute “ certificates ”; and

(b)for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”.

Commencement Information

I4Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

7U.K.In section 25 (void marriages)—

(a)in paragraph (b), for “a certificate” substitute “ certificates ”;

(b)in paragraph (c), for “a certificate of a superintendent registrar which is” substitute “ certificates of a superintendent registrar which are ”; and

(c)in paragraph (d), for “a certificate” substitute “ certificates ” and for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”.

Commencement Information

I5Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

8U.K.In section 27(1) (notice of marriage), for “a certificate” substitute “ certificates ”.

Commencement Information

I6Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

9U.K.In section 27A (additional information required in certain cases)—

(a)in subsections (2) and (3), for the first “the notice” substitute “ each notice ”;

(b)in subsection (4), for the first “The person” substitute “ Each person ”; and

(c)in subsection (6), for “either” substitute “ each ”.

Commencement Information

I7Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

10U.K.In section 27B (provisions relating to section 1(3) marriages)—

(a)in subsection (1), for “a certificate” substitute “ certificates ”;

(b)in subsections (4) and (6), omit “or licence”; and

(c)in subsection (5), omit “, or certificate and licence,”.

Commencement Information

I8Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

11U.K.In section 28(1) (declaration to accompany notice of marriage), omit “or licence” and for paragraph (b) substitute—

(b)that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given;.

Commencement Information

I9Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

12U.K.In section 29 (caveat against issue of certificate or licence), omit every “or licence”.

Commencement Information

I10Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

13U.K.In section 30 (provision for issue of certificate to be forbidden) for first “a certificate” substitute “ certificates ”.

Commencement Information

I11Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

14U.K.In section 31 (marriage certificates)—

(a)in subsections (1) and (4), for “a certificate” substitute “ certificates ”; and

(b)in subsection (5), for “one of the persons to be married” substitute “ the person by whom notice of marriage was given ”.

Commencement Information

I12Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

15U.K.For section 33 substitute—

33 Period of validity of certificate.

(1)A marriage may be solemnized on the authority of certificates of a superintendent registrar at any time within the period which is the applicable period in relation to that marriage.

(2)If the marriage is not solemnized within the applicable period—

(a)the notices of marriage and the certificates are void; and

(b)no person may solemnize the marriage on the authority of those certificates.

(3)The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book and ending—

(a)in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and

(b)in the case of any other marriage, on the expiry of twelve months.

(4)If the notices of marriage given by each person to be married are not given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.

Commencement Information

I13Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

16U.K.For section 34 substitute—

34 Marriages normally to be solemnized in registration district in which one party resides.

Subject to section 35, a superintendent registrar may not issue a certificate for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage.

Commencement Information

I14Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

17(1)Section 35 (marriages in registration district in which neither party resides) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit “, or if the marriage is to be by licence, a certificate and a licence,”; and

(b)for “or certificate and licence is issued” substitute “ is issued in respect of each of the persons to be married ”.

(3)In subsections (2) and (4), omit “or, if the marriage is to be by licence, a certificate and a licence,”.

(4)In subsections (2A) and (2B), omit “or, if the marriage is to be by licence, a certificate and licence,”.

(5)In subsection (5)—

(a)for “a certificate” substitute “ certificates ”;

(b)for “the notice” substitute “ each notice ”; and

(c)for “the certificate” substitute “ each certificate ”.

Commencement Information

I15Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

18U.K.Omit section 36 (superintendent registrar not normally to issue licences for marriages in registered buildings outside his district).

Commencement Information

I16Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

19U.K.In section 37(1) (one party resident in Scotland)—

(a)for first “a certificate” substitute “ certificates ”; and

(b)omit “without licence”.

Commencement Information

I17Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

20(1)Section 38 (one party resident in Northern Ireland) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “a certificate” substitute “ certificates ”; and

(b)omit “without licence”.

(3)In subsection (2), for “and place of residence” substitute “ , place of residence and nationality ”.

(4)In subsection (3), for “twenty-one” substitute “ 15 ”.

Commencement Information

I18Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

21U.K.In section 39(1) (issue of certificates on board Her Majesty’s ships)—

(a)for first “a certificate” substitute “ certificates ”; and

(b)omit “without licence”.

Commencement Information

I19Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

22U.K.In section 40 (forms of certificates for marriage), omit subsection (2).

Commencement Information

I20Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

23U.K.In section 44(1) (solemnization of marriage in registered buildings), for “a notice of marriage and certificate” substitute “ the notices of marriage and certificates ”.

Commencement Information

I21Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

24U.K.In section 45(1) (solemnization of marriage in register office)—

(a)for “a certificate” substitute “ certificates ”;

(b)for first “notice” substitute “ notices ”;

(c)for “notice has” substitute “ notices have ”; and

(d)for “certificate or certificate and licence, as the case may be, has or” substitute “ certificates ”.

Commencement Information

I22Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

25U.K.In section 47(2) (marriages according to usages of Society of Friends), in paragraph (a), for “the person” substitute “ each person ”.

Commencement Information

I23Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

26U.K.In section 48(1) (proof of certain matters not necessary to validity of marriages), in paragraph (a), for “notice” substitute “ notices ”.

Commencement Information

I24Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

27U.K.In section 49 (void marriages)—

(a)in paragraph (b), after “issued” insert “ , in respect of each of the persons to be married, ”;

(b)omit paragraph (c);

(c)in paragraph (d), for “a certificate which is” substitute “ certificates which are ”; and

(d)in paragraph (e), for “notice” substitute “ notices ” and for “certificate” substitute “ certificates ”.

Commencement Information

I25Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

28U.K.In section 50 (person to whom certificate to be delivered)—

(a)in subsection (1), for “a certificate” substitute “ certificates ” and omit “the certificate or, if notice of marriage has been given to more than one superintendent registrar,”;

(b)omit subsection (2); and

(c)in subsection (3), for “certificate or certificate and licence, as the case may be,” substitute “ certificates ”.

Commencement Information

I26Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

29U.K.In section 51(1) (fees of registrars for attending marriages), omit from first “the sum” to “case,”.

Commencement Information

I27Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

30(1)Section 75 (offences relating to solemnization of marriages) is amended as follows.U.K.

(2)In subsection (1)(b), for “a certificate” substitute “ certificates ”.

(3)In subsection (2)—

(a)in paragraph (a)(ii), for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”;

(b)in paragraph (d), for “a certificate” substitute “ certificates ” and for from “(not being” to “book” substitute “ before the expiry of the waiting period in relation to each notice of marriage ”; and

(c)in paragraph (e), for “a certificate” substitute “ certificates ”.

(4)After subsection (2), insert—

(2A)In subsection (2)(d) “the waiting period” has the same meaning as in section 31(4A).

(5)In subsection (3), for paragraph (a) substitute—

(a)issues any certificate for marriage before the expiry of 15 days from the day on which the notice of marriage was entered in the marriage notice book;.

(6)In subsection (3), in paragraph (b), omit “or licence”.

Commencement Information

I28Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

31U.K.In section 78(3) (interpretation), in paragraph (a), for “the notice” substitute “ each notice ”.

Commencement Information

I29Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

32U.K.In Schedule 4 (provisions of Act which are excluded or modified in their application to naval, military and air force chapels), in Part III (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England), omit “The proviso to subsection (2) of section twenty-six”.

Commencement Information

I30Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

Prospective

The Prison Act 1952 (c.52)U.K.

33U.K.In section 55 of the Prison Act 1952 (provisions extending to Scotland) at the end insert—

(4A)Subsections (2) to (5) of section 5A, as applied by subsection (5A) of that section, extend to Scotland.

Prospective

The Firearms Act 1968 (c. 27)U.K.

34U.K.The Firearms Act 1968 is amended as follows.

35U.K.In Schedule 1 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 5B insert—

5C. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).

36U.K.In Schedule 2 (which lists corresponding Scottish offences), after paragraph 13A insert—

13B. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).

The Family Law Reform Act 1969 (c.46)U.K.

37U.K.In section 2(3) (provisions relating to marriage), omit “or licence” in both cases.

Commencement Information

I31Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

The Marriage (Registrar General’s Licence) Act 1970 (c.34)U.K.

38U.K.The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.

Commencement Information

I32Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

39U.K.In section 1(1) (marriages which may be solemnised by Registrar General’s licence), for “a certificate” substitute “ certificates ”.

Commencement Information

I33Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

40U.K.In section 5 (caveat against issue of Registrar General’s licence), omit “or licence”.

Commencement Information

I34Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

41U.K.In section 6 (marriage of persons under 18), for “a certificate” substitute “ certificates ”.

Commencement Information

I35Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

42U.K.In section 13 (void marriages)—

(a)in paragraph (a), for ““certificate” substitute “ “certificates ” and for ““Registrar” substitute “ “a Registrar ”; and

(b)omit paragraph (b).

Commencement Information

I36Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

The Immigration Act 1971 (c.77)U.K.

43U.K.The 1971 Act is amended as follows.

Commencement Information

I37Sch. 14 para. 43 partly in force; Sch. 14 para. 43 not in force at Royal Assent see s. 170(4); Sch. 14 para. 43 in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3); Sch. 14 para. 43 in force for certain purposes at 1.3.2000 and for certain further purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch.; Sch. 14 para. 43 in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

44(1)In section 3 (general provisions for regulation and control), in subsection (1)(a), after “in accordance with” insert “ the provisions of, or made under, ”.U.K.

(2)In section 3, for subsection (5) substitute—

(5)A person who is not a British citizen is liable to deportation from the United Kingdom if—

(a)the Secretary of State deems his deportation to be conducive to the public good; or

(b)another person to whose family he belongs is or has been ordered to be deported.

Commencement Information

I38Sch. 14 para. 44 wholly in force; Sch. 14 para. 44 not in force at Royal Assent see s. 170(4); Sch. 14 para. 44(1) in force at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3); Sch. 14 para. 44(2) in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

45U.K.In section 4(1) (giving or refusal of leave to enter or remain to be in writing except where allowed by the Act) for “allowed by” substitute “ allowed by or under ”.

46U.K.In section 7(1) (exemption of certain residents from deportation)—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (b), for “, (b) or (c)” substitute “or (b) or 10 of the Immigration and Asylum Act 1999”.

Textual Amendments

Commencement Information

I39Sch. 14 para. 46 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

Prospective

47(1)Section 10 (entry otherwise than by sea or air) is amended as follows.U.K.

(2)In subsection (1), omit from “and any such Order” to the end.

(3)After subsection (1), insert—

(1A)Her Majesty may by Order in Council direct that paragraph 27B or 27C of Schedule 2 shall have effect in relation to trains or vehicles as it has effect in relation to ships or aircraft.

(1B)Any Order in Council under this section may make—

(a)such adaptations or modifications of the provisions concerned, and

(b)such supplementary provisions,

as appear to Her Majesty to be necessary or expedient for the purposes of the Order.

(4)In subsection (2), for “this section” substitute “ subsection (1) ”.

Prospective

48U.K.In section 11(1) (entry to the United Kingdom), at the end insert “ or by Part III of the Immigration and Asylum Act 1999 ”.

49U.K.Omit Part II.

Commencement Information

I40Sch. 14 para. 49 partly in force; Sch. 14 para. 49 not in force at Royal Assent see s. 170(4); Sch. 14 para. 49 in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3); Sch. 14 para. 49 in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

50U.K.In section 24 (illegal entry and similar offences), omit subsections (1)(aa) and (2).

F451U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

52(1)Section 27 (offences by persons connected with ships or aircraft) is amended as follows.U.K.

(2)In paragraph (a)(ii), after “Schedule 2 or 3” insert “ or under the Immigration and Asylum Act 1999 ”.

(3)In paragraph (b)(iii)—

(a)after “arrangements for” insert “ or in connection with ”; and

(b)at the end insert or under the Immigration and Asylum Act 1999; or

(iv)he fails, without reasonable excuse, to comply with the requirements of paragraph 27B or 27C of Schedule 2;.

Commencement Information

I41Sch. 14 para. 52 wholly in force at 2.10.2000; Sch. 14 para. 52 not in force at Royal Assent see s. 170(4); Sch. 14 para. 52(1) in force for certain purposes at 1.3.2000 and for certain further purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch; Sch. 14 para. 52(3)(a) in force at 1.3.2000 and para. 52(3)(b) in force at 3.4.2000 by S.I. 2000/464, art. 2, Sch.; Sch. 14 para. 52 in force so far as not already in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

F553U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

54(1)Section 32 (proof of documents) is amended as follows.U.K.

(2)In subsection (2)—

(a)for “this Act” substitute “ the Immigration Acts ”; and

(b)after second “by him” insert “ or on his behalf ”.

(3)In subsection (3), for “proceedings under Part II of this Act” substitute “ other proceedings under the Immigration Acts ”.

(4)In subsection (4)—

(a)for first “this Act” substitute “ the Immigration Acts ”; and

(b)for “proceedings under Part II of this Act” substitute “ other proceedings under the Immigration Acts ”.

(5)After subsection (4) insert—

(5)Immigration Acts” has the same meaning as in the Immigration and Asylum Act 1999.

(6)The amendments made by sub-paragraphs (2)(a) and (5) apply whenever the document in question was made or issued.

55U.K.In section 33 (interpretation), for subsection (4) substitute—

(4)For the purposes of this Act, the question of whether an appeal is pending shall be determined—

(a)in relation to an appeal to the Special Immigration Appeals Commission, in accordance with section 7A of the Special Immigration Appeals Commission Act 1997;

(b)in any other case, in accordance with section 58(5) to (10) of the Immigration and Asylum Act 1999.

Commencement Information

I42Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

56U.K.In Schedule 2 (administrative provisions as to control on entry), in paragraph 2(1) (purposes for which persons arriving in the United Kingdom may be examined), for paragraph (c) substitute—

(c)whether, if he may not—

(i)he has been given leave which is still in force,

(ii)he should be given leave and for what period or on what conditions (if any), or

(iii)he should be refused leave.

57U.K.In Schedule 2, after paragraph 2, insert—

Examination of persons who arrive with continuing leaveU.K.

2A(1)This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.

(2)He may be examined by an immigration officer for the purpose of establishing—

(a)whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;

(b)whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or

(c)whether there are medical grounds on which that leave should be cancelled.

(3)He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.

(4)He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.

(5)A person examined under this paragraph may be required by the officer or inspector to submit to further examination.

(6)A requirement under sub-paragraph (5) does not prevent a person who arrives—

(a)as a transit passenger,

(b)as a member of the crew of a ship or aircraft, or

(c)for the purpose of joining a ship or aircraft as a member of the crew,

from leaving by his intended ship or aircraft.

(7)An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.

(8)An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.

(9)Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and Part IV of the Immigration and Asylum Act 1999 as if he had been refused leave to enter at a time when he had a current entry clearance.

(10)A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.

58U.K.In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after “paragraph 2” insert “ , 2A ”.

59U.K.In Schedule 2, for paragraph 7 substitute—

Power to require medical examination after entryU.K.

7(1)This paragraph applies if an immigration officer examining a person under paragraph 2 decides—

(a)that he may be given leave to enter the United Kingdom; but

(b)that a further medical test or examination may be required in the interests of public health.

(2)This paragraph also applies if an immigration officer examining a person under paragraph 2A decides—

(a)that his leave to enter the United Kingdom should not be cancelled; but

(b)that a further medical test or examination may be required in the interests of public health.

(3)The immigration officer may give the person concerned notice in writing requiring him—

(a)to report his arrival to such medical officer of health as may be specified in the notice; and

(b)to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.

(4)In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of—

(a)a medical inspector; or

(b)if no medical inspector is available, a fully qualified medical practitioner.

60U.K.In Schedule 2, in paragraph 16 (detention of persons liable to examination), after sub-paragraph (1), insert—

(1A)A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending—

(a)completion of his examination under that paragraph; and

(b)a decision on whether to cancel his leave to enter.

61U.K.In Schedule 2, in paragraph 18 (treatment of persons detained), after sub-paragraph (2) insert—

(2A)The power conferred by sub-paragraph (2) includes power to take fingerprints.

62U.K.In Schedule 2, paragraph 21 (temporary admission of persons liable to detention) is amended as follows.

(2)After sub-paragraph (2) insert—

(2A)The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State.

(2B)The regulations may, among other things, provide for the inclusion of provisions—

(a)prohibiting residence in one or more particular areas;

(b)requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.

(2C)The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.

(2D)The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases.

(2E)But no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(3)In sub-paragraph (3), after “2” insert “ or 2A ”.

(4)In sub-paragraph (4)(a), omit “under paragraph 2 above”.

Commencement Information

I43Sch. 14 para. 62 wholly in force at 14.2.2000; Sch. 14 para. 62(2) in force at Royal Assent see s. 170(3)(s); and by S.I. 2000/168, art. 2, Sch (with transitional provisions in art. 3) it is provided that Sch. 14 para. 62(1)(3)(4) shall come into force at 14.2.2000

63U.K.In Schedule 2, in paragraph 22 (temporary release of persons liable to detention), in sub-paragraph (1)(a), after “examination;” insert—

(aa)a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter;.

64(1)In Schedule 2, paragraph 26 (supplementary duties of those connected with ships or aircraft or with ports) is amended as follows.U.K.

(2)In sub-paragraph (1), omit “and have not been given leave”.

(3)After sub-paragraph (1) insert—

(1A)Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe.

(4)After sub-paragraph (3) insert—

(3A)The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament.

65U.K.In Schedule 2, omit paragraph 28.

Commencement Information

I44Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

F666U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

67U.K.In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after “examination” insert “ , detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter ”.

68U.K.In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for “and 18” substitute “ ,18 and 25A to 25E ”.

69U.K.In Schedule 3 (supplementary provision as to deportation), in paragraph 3—

(a)for “16 or 17” substitute “ 66 or 67 of the Immigration and Asylum Act 1999 ”;

(b)omit “in paragraph 28(2), (3) and (6) and”; and

(c)for “15(1)(a)” substitute “ 63(1)(a) or 69(4)(a) of the Immigration and Asylum Act 1999 ”.

Commencement Information

I45Sch. 14 para. 69 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

70U.K.In Schedule 4 (integration of United Kingdom and Islands immigration law), for paragraph 3 (deportation) substitute—

3(1) This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.

(2)Sub-paragraph (1) does not apply if the person concerned is—

(a)a British citizen;

(b)an EEA national;

(c)a member of the family of an EEA national; or

(d)a member of the family of a British citizen who is neither such a citizen nor an EEA national.

(3)The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.

(4)In any particular case, the Secretary of State may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.

(5)Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.

(6)Islands deportation order” means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.

(7)Subsections (10) and (12) to (14) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section.

Commencement Information

I46Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

The House of Commons Disqualification Act 1975 (c. 24)U.K.

71U.K.In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—

(a)omit—

“Adjudicator appointed for the purposes of the Immigration Act 1971”; and

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 14 para. 71 modified (14.2.2000) by S.I. 2000/168, art. 3

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

72U.K.In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices)—

(a)omit—

“Adjudicator appointed for the purposes of the Immigration Act 1971”; and

F8(b)...

Textual Amendments

Modifications etc. (not altering text)

C2Sch.14 para. 72 modified (14.2.2000) by S.I. 2000/168, art. 3

The Protection from Eviction Act 1977 (c.43)U.K.

73U.K.In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), after subsection (7), insert—

(7A)A tenancy or licence is excluded if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

The Education (Scotland) Act 1980 (c. 44)U.K.

74U.K.Section 53 of the Education (Scotland) Act 1980 (requirement to provide school meals etc) is amended as follows—

(a)in subsection (3)—

(i)for the words from the beginning to “an”, where it occurs for the second time, substitute—

(3)Subsection (3AA) below applies in relation to a pupil—

(a)whose parents are in receipt of—

(i)income support;

(ii)an income-based jobseeker’s allowance (payable under the M1Jobseekers Act 1995); or

(iii)support provided under Part VI of the Immigration and Asylum Act 1999; or

(b)who is himself in receipt of income support or an income-based jobseeker’s allowance.

(3AA)An; and

(ii)for “him”, where it occurs for the first time, substitute “ the pupil ”; and

(b)in subsection (3A), for “Subsections (1), (2) and (3)” substitute “ Subsections (1) to (3AA) ”.

Marginal Citations

Prospective

The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))U.K.

75U.K.In Schedule 1 to the Firearms (Northern Ireland) Order 1981 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 4 insert—

4AAn offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).

The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))U.K.

76U.K.In Article 98(11) of the Magistrates’ Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money), at the end, insert—

(k)section 113 of the Immigration and Asylum Act 1999.

The Marriage Act 1983 (c.32)U.K.

77U.K.In section 1 of the Marriage Act 1983 (marriages of house-bound and detained persons in England and Wales)—

(a)in subsection (1), for “a superintendent registrar’s certificate” substitute “ certificates of a superintendent registrar ”; and

(b)in subsection (2)(a), for “the notice” substitute “ each notice ”.

Commencement Information

I47Sch. 14 paras. 1-32, 37-42 and 77 wholly in force at 1.1.2001, see s. 170(4) and S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as also inserted by art. 4 of the said S.I. 2000/3099)

The Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))U.K.

78U.K.In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert—

Accommodation for asylum-seekersU.K.

3A(1)A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

(2)A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

The Rent (Scotland) Act 1984 (c.58)U.K.

79U.K.In section 23A of the Rent (Scotland) Act 1984 (excluded tenancies and occupancy rights), after subsection (5) insert—

(5A)Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

The Police and Criminal Evidence Act 1984 (c.60)U.K.

80(1)The Police and Criminal Evidence Act 1984 is amended as follows.U.K.

(2)In section 8 (power of justice to authorise entry and search of premises), at the end insert—

(6)This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence.

(3)In section 22 (retention), at the end insert—

(6)This section also applies to anything retained by the police under section 28H(5) of the M2Immigration Act 1971.

(4)In section 61 (fingerprints), in subsection (9)(a), after “1971” insert “ , section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act ”.

Commencement Information

I48Sch. 14 para. 80 partly in force; Sch. 14 para. 80 not in force at Royal Assent see s. 170(4); Sch. 14 para. 80(2)(3) wholly in force and s. 80(1) in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3)

Marginal Citations

The Housing Act 1985 (c.68)U.K.

81U.K.In Schedule 1 to the Housing Act 1985 (tenancies which cannot be secure tenancies), after paragraph 4, insert—

Accommodation for asylum-seekersU.K.

4A(1)A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

(2)A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

The Housing (Scotland) Act 1987 (c.26)U.K.

82U.K.In Schedule 2 to the Housing (Scotland) Act 1987 (tenancies which cannot be secure tenancies), after paragraph 5 insert—

Accommodation for asylum-seekersU.K.

5A(1)A tenancy shall not be a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

(2)A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

The Immigration Act 1988 (c.14)U.K.

83U.K.The Immigration Act 1988 is amended as follows.

Commencement Information

I49Sch. 14 para. 83 partly in force: Sch. 14 para. 83 in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

I50Sch. 14 para. 83 in force at 30.6.2003 for specified purposes by S.I. 2003/1469, art. 2, Sch.

84U.K.Omit section 5 (restricted right of appeal against deportation in cases of breach of limited leave).

Commencement Information

I51Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

Prospective

85U.K.Omit section 8 (examination of passengers before arrival).

86U.K.Omit section 9 (charges).

Commencement Information

I52Sch. 14 para. 86 in force at 30.6.2003 by S.I. 2003/1469, art. 2, Sch.

The Housing (Scotland) Act 1988 (c.43)U.K.

87U.K.In Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies), after paragraph 11A insert—

Accommodation for asylum-seekersU.K.

11BA tenancy granted under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999.

The Housing Act 1988 (c.50)U.K.

88U.K.In Schedule 1 to the Housing Act 1988 (tenancies which are not assured tenancies), after paragraph 12, insert—

Accommodation for asylum-seekersU.K.

12A(1)A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999.

(2)Private landlord” means a landlord who is not within section 80(1) of the M3Housing Act 1985.

Marginal Citations

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)U.K.

F989U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Sch. 14 para. 89 repealed (19.2.2001) by 2000 c. 11, s. 128, Sch. 16 Pt. I; S.I. 2001/421, art. 2

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))U.K.

90(1)The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.U.K.

(2)In Article 10 (provision for Northern Ireland corresponding to section 8 of the 1984 Act), at the end insert—

(6)This Article applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence.

(3)In Article 24 (provision for Northern Ireland corresponding to section 22 of the 1984 Act), at the end insert—

(6)This Article also applies to anything retained by the police under section 28H(5) of the M4Immigration Act 1971.

(4)In Article 61 (fingerprints) in paragraph (9)(a), after “1971” insert “ , section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act ”.

Commencement Information

I53Sch. 14 para. 90 partly in force; Sch. 14 para. 90 not in force at Royal Assent see s. 170(4); Sch. 14 para. 90(2)(3) wholly in force and s. 90(1) in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3)

Marginal Citations

The Courts and Legal Services Act 1990 (c.41)U.K.

91(1)The Courts and Legal Services Act 1990 is amended as follows.U.K.

(2)In Schedule 10 (judicial and other appointments), omit paragraph 34.

(3)In Schedule 11 (judges etc. barred from legal practice), in the entry relating to the Immigration Appeal Tribunal, omit “appointed under Schedule 5 to the Immigration Act 1971” and after that entry insert—

Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator).

Modifications etc. (not altering text)

C3Sch. 14 para. 91 modified (14.2.2000) by S.I. 2000/168, art. 3

The Social Security Contributions and Benefits Act 1992 (c.4)U.K.

92U.K.In the Social Security Contributions and Benefits Act 1992, omit section 146A (persons subject to immigration control).

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7)U.K.

93U.K.In the Social Security Contributions and Benefits (Northern Ireland) Act 1992, omit section 142A (persons subject to immigration control).

The Tribunals and Inquiries Act 1992 (c.53)U.K.

94U.K.The Tribunals and Inquiries Act 1992 is amended as follows.

Commencement Information

I54Sch. 14 para. 94 partly in force; Sch. 14 para. 94 not in force at Royal Assent see s. 170(4); Sch. 14 para. 94 in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3)

F1095U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1196U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

F1297U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Judicial Pensions and Retirement Act 1993 (c.8)U.K.

98(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.U.K.

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In Schedule 6 (retirement date for certain judicial offices), omit paragraphs 37 and 38.

Textual Amendments

Modifications etc. (not altering text)

C4Sch. 14 para. 98 modified (14.2.2000) by S.I. 2000/168, art. 3

The Asylum and Immigration Appeals Act 1993 (c.23)U.K.

99U.K.The Asylum and Immigration Appeals Act 1993 is amended as follows.

Commencement Information

I55Sch. 14 para. 99 partly in force; Sch. 14 para. 99 not in force at Royal Assent see s. 170(4); Sch. 14 para. 99 in force for certain purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch. and in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

Prospective

100U.K.Omit section 3 (fingerprinting).

101U.K.Omit sections 4 and 5 and Schedule 1 (housing of asylum-seekers and their dependants).

102(1)Omit section 6 (protection of asylum claimants from deportation etc.).U.K.

(2)This paragraph is to be treated as having come into force on 26th July 1993.

103U.K.Omit section 7 (curtailment of leave).

Commencement Information

I56Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

104U.K.Omit sections 8, 9, 10 and 11 and Schedule 2 (which relate to appeals).

Commencement Information

I57Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

105U.K.For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute—

(a)has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal;.

Commencement Information

I58Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

106U.K.In section 9A(6), for “section 9 above” substitute “ paragraph 23 of Schedule 4 of the Immigration and Asylum Act 1999 ”.

Commencement Information

I59Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

Prospective

107U.K.Omit section 12 (carriers’ liability).

The Asylum and Immigration Act 1996 (c.49)U.K.

108U.K.The Asylum and Immigration Act 1996 is amended as follows.

Commencement Information

I60Sch. 14 para. 108 partly in force; Sch. 14 para. 108 not in force at Royal Assent see s. 170(4); Sch. 14 para. 108 in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3); Sch. 14 para. 108 in force for certain purposes at 1.3.2000 and for certain further purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch.; Sch. 14 para. 108 in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

109U.K.Omit section 7 (power of arrest and search warrants).

110U.K.Omit section 9 (entitlement to housing accommodation and assistance).

111U.K.Omit section 10 (entitlement to child benefit).

112U.K.Omit section 11 (saving for social security regulations).

113U.K.Omit Schedule 1 (modifications of social security regulations).

114U.K.In Schedule 2, omit sub-paragraphs (2) and (3) of paragraph 1, paragraph 3 and paragraph 4(2) (which are spent as a result of this Act).

Commencement Information

I61Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

115U.K.In Schedule 3, omit paragraphs 1, 2 and 5 (which are spent as a result of this Act).

Commencement Information

I62Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

Prospective

The Housing Act 1996 (c.52)U.K.

116U.K.In section 183(2) of the Housing Act 1996 (interpretation of expressions related to assistance), in the definition of “eligible for assistance”, omit “or section 186 (asylum seekers and their dependants)”.

The Education Act 1996 (c. 56)U.K.

F14117U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 14 para. 117 repealed (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4

The Special Immigration Appeals Commission Act 1997 (c.68)U.K.

118U.K.The Special Immigration Appeals Commission Act 1997 is amended as follows.

Commencement Information

I63Sch. 14 para. 118 partly in force; Sch. 14 para. 118 not in force at Royal Assent see s. 170(4); Sch. 14 para. 118 in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3); Sch. 14 para. 118 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch. and in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)

F15119U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 14 para. 119 repealed (2.10.2000) by S.I. 2000/2326, art. 32(4)(a) (with application as mentioned in regs. 9, 28 and 36 of the said S.I.)

F16120U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16121U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

122U.K.In section 4 (determination of appeals), after subsection (1) insert—

(1A)If a certificate under section 70(4)(b) of the Immigration and Asylum Act 1999 has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to an adjudicator.

Commencement Information

I64Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-124, 126-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

123U.K.In section 7 (appeals from Commission), omit subsection (4).

Commencement Information

I65Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-124, 126-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

124U.K.After section 7, insert—

7A Pending appeals.

(1)For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.

(2)An appeal is not to be treated as finally determined while a further appeal may be brought.

(3)If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.

(4)A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom.

(5)A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.

(6)But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 70(4) of the Immigration and Asylum Act 1999.

(7)A pending appeal brought under section 2(1) as a result of section 62(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant.

Commencement Information

I66Sch. 14 paras. 55, 65, 66, 69, 70, 84, 103-106, 114, 115, 120, 122-124, 126-128 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

125U.K.In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)—

(a)in sub-paragraph (i), for “paragraph 1 of Schedule 5 to the Immigration Act 1971” substitute “section 57(2) of the Immigration and Asylum Act 1999”; and

(b)in sub-paragraph (ii), for “paragraph 7 of that Schedule” substitute “paragraph 1(3) of Schedule 2 to that Act”.

F17126U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17127U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17128U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17129U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources