Citation and interpretation

1.  This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 8 and Transitional Provisions) Order 2000.

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

Commencement

3.  The provisions of the 1999 Act specified in column 1 of the Schedule to this Order shall come into force on 11th December 2000, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision shall come into force on that date only for that purpose.

Amendment

4.  With effect from 27th November 2000, the Immigration and Asylum Act 1999 (Commencement No. 7) Order 2000(2) is amended as follows—

(a)in article 2, after “1st January 2001” insert “, subject to the transitional provision contained in article 3,”; and

(b)after article 2 insert—

“Transitional Provision

3.  The provisions of the 1949 Act as they are in force on 31st December 2000 shall continue to apply in respect of any marriage, notice of which has been entered in the marriage notice book for—

(a)the registration district referred to in section 27(1)(a) or (2) of the 1949 Act, or

(b)each registration district referred to in section 27(1)(b) of the 1949 Act,

before 1st January 2001.”.

5.  With effect from 27th November 2000, the limitations on the taking effect of a variation and on a requirement to leave the United Kingdom contained in section 14(1) of the Immigration Act 1971(3) and in paragraph 7 of Schedule 2 to the Asylum and Immigration Appeals Act 1993(4) (as continued in force by paragraphs 2(5) and 3(4) of Schedule 2 to the Immigration and Asylum Act 1999 (Commencement No. 6 and Consequential Provisions) Order 2000 (5)) are to be disregarded in calculating, for the purposes of section 61 or 69(2) of the 1999 Act, whether, as a result of a decision, a person may be required to leave the United Kingdom within 28 days.

Article 2

THE SCHEDULE

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 11th December 2000, the following provisions of the 1999 Act, so far as not already in force:

(a)section 13 which permits the Secretary of State to provide identification data relating to a person who is to be removed from the United Kingdom to the country to which the person is to be removed if it indicates that he will not be admitted to it unless such data is provided;

(b)section 141 which authorises the taking of fingerprints from certain persons;

(c)section 142 which states that the Secretary of State may require a person to attend a specified place for fingerprinting and that a person who does not comply may be arrested;

(d)section 143 which makes provision for the destruction of fingerprints;

(e)section 144 which gives the Secretary of State power to make regulations in relation to other methods of collecting data about external physical characteristics;

(f)a consequential amendment in Schedule 14 together with an entry in the repeals Schedule, Schedule 16.

This Order also inserts a transitional provision into the Immigration and Asylum Act 1999 (Commencement No.7) Order 2000 (S.I. 2000/2698 (C. 76)) relating to marriages of which notice has been entered into the marriage notice book before 1st January 2001.

This Order also makes a further transitional provision for Part IV of the 1999 Act. The effect of article 5 is that where a person has applied for a variation of leave on the grounds of asylum and other grounds, and he is refused on one element of the application and appeals that decision before 2nd October 2000 and on or after that date is refused on the other ground, he may appeal both aspects, notwithstanding that, in the case of the appeal on the other ground, he is not required to leave within 28 days because of his outstanding appeal on the first ground.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Immigration and Asylum Act 1999 have been or will be brought into force on the dates shown by commencement orders before the date of this Order.