Citation and interpretation

1.—(1) This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 2 and Transitional Provisions) Order 2000.

(2) In this Order “the Act” means the Immigration and Asylum Act 1999.

Commencement of provisions

2.  The provisions of the Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.

Transitional provisions relating to the appeals provisions commenced by this Order

3.—(1) The adjudicators and the Immigration Appeal Tribunal for the purposes of the Act are to be treated as the adjudicators and the Immigration Appeal Tribunal for the purposes of the previous Immigration Acts.

(2) Accordingly:

(a)references (however expressed) to the Act in the appeals provisions, or in any enactment as amended by those provisions, are to be construed as including a reference to the previous Immigration Acts;

(b)references (however expressed) in any Act or in any subordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978(2)) to adjudicators or the Immigration Appeal Tribunal for the purposes of any of the previous Immigration Acts are to be construed as including references to the adjudicators (other than Asylum Support Adjudicators) or (as the case may be) the Immigration Appeal Tribunal for the purposes of the Act; and

(c)the designation of an adjudicator as a special adjudicator under (and for the purposes of) any provision of the previous Immigration Acts shall continue notwithstanding the commencement of the appeals provisions.

(3) For the purposes of this article:

“the appeals provisions” means sections 56 and 57 of the Act; Schedules 2 and 3 to the Act; paragraph 5 of Schedule 4 to the Act; and paragraphs 71, 72, 91 and 98 of Schedule 14 to the Act; and

“the previous Immigration Acts” means the Immigration Act 1971(3), the Immigration Act 1988(4), the Asylum and Immigration Appeals Act 1993(5), and the Asylum and Immigration Act 1996(6).

(4) This article is without prejudice to the operation of the Interpretation Act 1978.

Article 2

THE SCHEDULE

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Immigration and Asylum Act 1999 (the Act).

On 14th February 2000, the following provisions are commenced:

(a)sections 1 and 2, which create powers enabling new provision to be made concerning the form and manner in which leave to enter and remain may be given under the Immigration Act 1971 (the 1971 Act);

(b)sections 28, 29(1), (2) and (4) and 30, which amend the provisions of the 1971 Act concerning offences, in particular of deception;

(c)sections 56, 57 and (in part) 58, together with Schedules 2 and 3 and paragraphs 3 to 5 of Schedule 4, which make new provision for immigration adjudicators and the Immigration Appeal Tribunal; their commencement is subject to the transitional provisions made by article 3 of the Order;

(d)sections 128 to 139, which confer new powers of arrest and search on immigration officers; and

(e)certain minor and consequential amendments and transitional provisions in Schedules 14 and 15, together with entries in the repeals Schedule, Schedule 16.

The following are commenced on 1st March 2000:

(a)sections 6 and 7, which amend certain provisions of the 1971 Act concerning exemptions from immigration control;

(b)section 8, which makes provision for the exclusion of persons from the United Kingdom pursuant to UN and EU travel bans; and

(c)section 14, which makes new provision concerning escorts for removals from the United Kingdom.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

S.I. 1999/3190 brought into force the provisions of the Immigration and Asylum Act 1999 specified below on the dates shown.