The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 2) Order 2004
S.I. 2004/2999 · Made 16 November 2004
IMMIGRATION
Made 16th November 2004
The Secretary of State, in exercise of the powers conferred upon him by section 9(5) and section 48(3) and (4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004f1 hereby makes the following Order:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation
- 2Commencement
- 3Modification
- 4Transitional provision
- Signature
- Schedule Schedule
- Explanatory note
1Citation
This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 2) Order 2004.
In this Order “the 1999 Act” means the Immigration and Asylum Act 1999f1 and “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
2Commencement
The provisions of the 2004 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 provisions concerned shall come into force on that date only for that purpose.
3Modification
Section 9 of the 2004 Act shall, until the commencement of section 44 of the Nationality, Immigration and Asylum Act 2002f1, have effect as if the reference to section 94(3A) of the 1999 Act were a reference to section 94(5) of that Act.
4Transitional provision
Notwithstanding the coming into force of section 9 of the 2004 Act, an appeal may be brought under section 103 of the 1999 Act against a decision if the letter giving notice of the decision is dated before 1st December 2004.
Signature
Des Browne
Minister of State
Home Office
16th November 2004
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 4 (trafficking people for exploitation) | 1st December 2004 | |
| Section 5 (section 4: supplemental) | 1st December 2004 | |
| Section 7 (advice of Director of Public Prosecutions) | 1st December 2004 | |
| Section 9 (failed asylum seekers: withdrawal of support) | 1st December 2004 | |
| Section 10(1), (2), (6) and (7) (failed asylum seeker: accommodation) | 1st December 2004 | |
| Section 11 (accommodation for asylum seekers: local connection) | 4th January 2005 | |
| Section 14 (immigration officer: power of arrest) | 1st December 2004 | |
| Section 17 (retention of documents) | 1st December 2004 | |
| Section 19(2) and (3) (England and Wales) and section 20(3) and (4) (England and Wales: supplemental) | 1st December 2004 | For the purpose of enabling the Secretary of State to exercise the powers to make subordinate legislation under section 19(2)(a) and (3)(c). |
| Section 19(4) (England and Wales) | 1st December 2004 | For the purpose of enabling the Registrar General to issue guidance under section 19(4)(d). |
| Section 21(2) and (3) (Scotland) and section 22(2) and (3) (Scotland: supplemental) | 1st December 2004 | For the purpose of enabling the Secretary of State to exercise the powers to make subordinate legislation under section 21(2)(a) and (3)(c). |
| Section 21(5) (Scotland) | 1st December 2004 | For the purpose of enabling the Secretary of State to issue guidance under section 21(5) and to consult with the Registrar General for Scotland for that purpose. |
| Section 23(2) and (3) (Northern Ireland) and section 24(2) and (4) (Northern Ireland: supplemental) | 1st December 2004 | For the purpose of enabling the Secretary of State to exercise the powers to make subordinate legislation under section 23(2)(a) and (b) and (3)(c). |
| Section 23(6) (Northern Ireland) | 1st December 2004 | For the purpose of enabling the Secretary of State to issue guidance under section 23(6)(d) and to consult with the Registrar General for Northern Ireland for that purpose. |
| Section 25 (application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b)) | 1st December 2004 |
Explanatory note
(This note is not part of the Order)
This Order brings into force fully on 1st December 2004 and 4th January 2005 certain provisions of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (“the Act”).
The Order also brings into force on 1st December 2004 certain sections of the Act but only for the purpose of enabling the Secretary of State to exercise specified powers to make subordinate legislation or to enable guidance to be made and issued.
The Order modifies section 9 of the Act (which it also brings into force), to take into account the fact that section 44 of the Nationality, Immigration and Asylum Act 2002, which amends section 94 of the Immigration and Asylum Act 1999, is not yet in force.