Citation and interpretation

1.  This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Commencement No. 6) Order 2007.

2.  In this Order, “the Act” means the Immigration, Asylum and Nationality Act 2006.

Commencement

3.  Section 8 (legal aid) of the Act shall come into force on 30th April 2007.

4.  Section 52(7) (fees: supplemental) of, and Schedule 2 (fees: consequential amendments) to, the Act shall come into force on 2nd April 2007, to the extent that those provisions are not already in force.

5.  Subject to article 6, section 61 (repeals) of, and Schedule 3 (repeals) to, the Act shall come into force on 2nd April 2007, to the extent that those provisions relate to entries listed in the Schedule to this Order.

Savings

6.—(1) The repeal by this Order of section 25 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(2) shall not affect the power of the Secretary of State to make regulations under that section which—

(a)require a person seeking permission under section 19(3)(b), 21(3)(b) or 23 (3)(b) of that Act or under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004(3) to make an application in writing; or

(b)specify the information to be contained in, or provided with, the application, and how and to whom the fee in respect of that application is to be paid.

(2) In such regulations, the reference to the fee to be paid shall be taken to be a reference to the fee to be paid in connection with such an application payable by virtue of an order made under section 51(1) of the Act.

Article 5

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

Article 3 brings into force section 8 (legal aid) of the Immigration, Asylum and Nationality Act 2006 (‘the 2006 Act’) on 30th April 2007

Article 4 brings into force section 52(7) of, and Schedule 2 (fees: consequential amendments) to, the 2006 Act on 2nd April 2007, to the extent that those provisions are not already in force.

Article 5 brings into force section 61 of, and Schedule 3 (repeals) to, the 2006 Act on 2nd April 2007, to the extent that those provisions relate to the entries listed in Schedule 1 to this Order.

However section 122 of the Nationality, Immigration and Asylum Act 2002 shall remain in force for the purpose of the definition of work permit or other immigration employment document in section 88(3)(c) of that Act.

In addition, by virtue of article 6, section 25 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 will not affect the power of the Secretary of State to make regulations under that section which require a person seeking permission to marry under section 19(3)(b), 21(3)(b) or 23(3)(b) of that Act or to form a civil partnership under paragraph 2(1)(b) of the Civil Partnership Act 2004 to make an application in writing and specify the information to be contained in, or provided with, the application, and how and to whom the fee in respect of that application is to be paid.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)