Explanatory note

The Order brings into force fully on 1^st October 2004 certain provisions of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (“the Act”).

The Order also brings into force on that date section 8(7), (10) and (11) of the Act, but only for the purpose of enabling the Secretary of State to exercise the power to make subordinate legislation under section 8(7).

The Order makes transitional provision in relation to the commencement of section 33 of the Act. Section 33 repeals sections 11 and 12 of the Immigration and Asylum Act 1999 (“the 1999 Act”) and sections 80 and 93 of the Nationality, Immigration and Asylum Act 2002. However, the Order states that, notwithstanding their repeal, those sections shall continue to have effect in relation to a person who is subject to a certificate under section 11(2) or section 12(2) or (5) of the 1999 Act which was issued by the Secretary of State before the commencement of section 33 of the Act.