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 15 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(2).

SCHEDULE 15U.K. Transitional Provisions and Savings

This schedule has no associated Explanatory Notes

Leave to enter or remainU.K.

1(1)An order made under section 3A of the 1971 Act may make provision with respect to leave given before the commencement of section 1.U.K.

(2)An order made under section 3B of the 1971 Act may make provision with respect to leave given before the commencement of section 2.

Section 2 of the Asylum and Immigration Act 1996U.K.

2(1)This paragraph applies in relation to any time before the commencement of the repeal by this Act of section 2 of the M1Asylum and Immigration Act 1996.U.K.

(2)That section has effect, and is to be deemed always to have had effect, as if the reference to section 6 of the M2Asylum and Immigration Appeals Act 1993 were a reference to section 15, and any certificate issued under that section is to be read accordingly.

Marginal Citations

Adjudicators and the TribunalU.K.

3(1)Each existing member of the Tribunal is to continue as a member of the Tribunal as if he had been duly appointed by the Lord Chancellor under Schedule 2.U.K.

(2)Each existing adjudicator is to continue as an adjudicator as if he had been duly appointed by the Lord Chancellor under Schedule 3.

(3)The terms and conditions for a person to whom sub-paragraph (1) or (2) applies remain those on which he held office immediately before the appropriate date.

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The repeal by this Act of Schedule 5 to the 1971 Act (provisions with respect to adjudicators and the Tribunal) does not affect any entitlement which an existing member or adjudicator had immediately before the appropriate date as a result of a determination made under paragraph 3(1)(b) or 9(1)(b) of that Schedule.

(6)The appropriate date” means—

(a)in relation to existing members of the Tribunal, the date on which section 56 comes into force; and

(b)in relation to existing adjudicators, the date on which section 57 comes into force.

(7)Existing member” means a person who is a member of the Tribunal immediately before the appropriate date.

(8)Existing adjudicator” means a person who is an adjudicator immediately before the appropriate date.

References to justices’ chief executiveU.K.

4U.K.At any time before the coming into force of section 90 of the Access to Justice Act 1999—

(a)the reference in section 48(3)(b) to the justices’ chief executive appointed by the magistrates’ court committee whose area includes the petty sessions area for which the specified court acts is to be read as a reference to the clerk of that court; and

(b)the reference in section 28K(9)(a) and (10) of the 1971 Act (inserted by section 138) to the justices’ chief executive appointed by the magistrates’ court committee whose area includes the petty sessions area for which the justice acts is to be read as a reference to the clerk to the justices for the petty sessions area for which the justice acts.

Commencement Information

I1Sch. 15 para. 4 partly in force; Sch. 15 para. 4 not in force at Royal Assent see s. 170(4); Sch. 15 para. 4(b) in force at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3)

Duties under National Assistance Act 1948U.K.

5U.K.Section 116 has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Duties under Health Services and Public Health Act 1968U.K.

6U.K.Section 117(1) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Prospective

Duties under Social Work (Scotland) Act 1968U.K.

7U.K.Subsections (1) to (3) of section 120 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Prospective

Duties under Health and Personal Social Services (Northern Ireland) Order 1972U.K.

8U.K.Subsections (1) and (2) of section 121 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Duties under National Health Service Act 1977U.K.

9U.K.Section 117(2) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Prospective

Duties under Mental Health (Scotland) Act 1984U.K.

F210U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 15 para. 10 repealed (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

Appeals relating to deportation ordersU.K.

11U.K.Section 15 of the 1971 Act, section 5 of the M3Immigration Act 1988 and the M4Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1993 are to continue to have effect in relation to any person on whom the Secretary of State has, before the commencement of the repeal of those sections, served a notice of his decision to make a deportation order.

Commencement Information

I2Sch. 15 para. 11 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)

Marginal Citations

12(1)Sub-paragraph (2) applies if, on the coming into force of section 10, sections 15 of the 1971 Act and 5 of the Immigration Act 1988 have been repealed by this Act.U.K.

(2)Those sections are to continue to have effect in relation to any person—

(a)who applied during the regularisation period fixed by section 9, in accordance with the regulations made under that section, for leave to remain in the United Kingdom, and

(b)on whom the Secretary of State has since served a notice of his decision to make a deportation order.

Commencement Information

I3Sch. 15 para. 12 wholly in force at 2.10.2000 by virtue of S.I. 2000/265, reg. 3 and S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

Assistance under Part VII of the Housing Act 1996U.K.

13(1)The Secretary of State may by order provide for any provision of Part VII of the M5Housing Act 1996 (homelessness) to have effect in relation to section 185(2) persons, during the interim period, with such modifications as may be specified in the order.U.K.

(2)An order under this paragraph may, in particular, include provision—

(a)for the referral of section 185(2) persons by one local housing authority to another by agreement between the authorities;

(b)as to the suitability of accommodation for such persons;

(c)as to out-of-area placements of such persons.

(3)Interim period” means the period beginning with the passing of this Act and ending on the coming into force of the repeal of section 186 of the Act of 1996 (asylum-seekers and their dependants) by this Act (as to which see section 117(5)).

(4)Local housing authority” has the same meaning as in the Act of 1996.

(5)Section 185(2) person” means a person who—

(a)is eligible for housing assistance under Part VII of the Act of 1996 as a result of regulations made under section 185(2) of that Act; and

(b)is not made ineligible by section 186 (or any other provision) of that Act.

(6)The fact that an order may be made under this paragraph only in respect of the interim period does not prevent it from containing provisions of a kind authorised under section 166(3)(a) which are to have continuing effect after the end of that period.

Marginal Citations

Provision of supportU.K.

14(1)The Secretary of State may, by directions given to a local authority to whom Schedule 9 applies, require the authority to treat the interim period fixed for the purposes of that Schedule as coming to an end—U.K.

(a)for specified purposes,

(b)in relation to a specified area or locality, or

(c)in relation to persons of a specified description,

on such earlier day as may be specified.

(2)The Secretary of State may, by directions given to an authority to whom an amended provision applies, provide for specified descriptions of person to be treated—

(a)for specified purposes, or

(b)in relation to a specified area or locality,

as being persons to whom section 115 applies during such period as may be specified.

(3)Directions given under this paragraph may—

(a)make such consequential, supplemental or transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases or descriptions of case.

(4)Specified” means specified in the directions.

(5)Amended provision” means any provision amended by—

(a)section 116;

(b)section 117(1) or (2);

(c)section 120; or

(d)section 121.

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