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The Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008

S.I. 2008/310 · Made 8 February 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

immigration

Made 8th February 2008

The Secretary of State makes the following Order in exercise of the powers conferred by section 62 of the Immigration, Asylum and Nationality Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006, c. 13.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Commencement
  4. 4Saving and Transitional Provision
  5. 5Saving and Transitional Provision
  6. Signature
  7. Explanatory note

1Citation and interpretation

(1)

This Order may be cited at the Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008.

(2)

In this Order—

  • “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;

  • “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002f1;

  • “the 1999 Act” means the Immigration and Asylum Act 1999f2;

  • “the 1996 Act” means the Asylum and Immigration Act 1996f3; and

  • “immigration rules” means rules made under section 3(2) of the Immigration Act 1971f4.

2Commencement

(1)

Subject to article 5 the following provisions of the 2006 Act shall come into force on 29th February 2008—

(a)

sections 15 to 18 to the extent to which they are not already in force (penalty for employment of adult subject to immigration control);

(b)

sections 21 and 22 (offence of employing adult subject to immigration control);

(c)

section 24 (employment of adult subject to immigration control: temporary admission);

(d)

section 26 (repeal); and

(e)

in Schedule 3, the entries relating to the 1996 Act.

(2)

The following provisions of the 2006 Act shall come into force on 29th February 2008—

(a)

section 50(3)(a) (repeal); and

(b)

in Schedule 3, the entries relating to section 31A of the Immigration Act 1971.

3Commencement

The following provisions of the 2006 Act shall come in to force on 1st April 2008—

(a)

subject to article 4, section 4 (entry clearance);

(b)

section 33 (freight information: police powers) for the purposes of making an order under subsection (5)(a); and

(c)

section 47 (removal: person with statutorily extended leave).

4Saving and Transitional Provision

Notwithstanding the commencement of section 4 of the 2006 Act and the substitution of section 88A of the 2002 Actf1 and section 23 of the 1999 Actf2, section 4(1) (appeals: entry clearance) and section 4(2) of the 2006 Act (monitoring refusals of entry clearance) shall have effect only so far as they relate to applications of a kind identified in immigration rules as requiring to be considered under a “Points Based System”.

5Saving and Transitional Provision

(1)

Notwithstanding the commencement of section 26 of the 2006 Act (repeal) the following provisions and instruments continue to have effect in relation to employment which commenced before 29th February 2008, including employment which continued on or after that date—

(a)

sections 8 (restrictions on employment) and 8A (code of practice) of the 1996 Act f1;

(b)

any Code of Practice in force immediately before 29th February 2008 under section 8A of the 1996 Act;

(c)

the Immigration (Restrictions on Employment) Order 2004f2; and

(d)

the Immigration (Restrictions on Employment) (Code of Practice) Order 2001f3.

(2)

Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act are of no effect in relation to employment of a kind mentioned in paragraph (1).

Signature

Liam Byrne

Minister of State

Home Office

8th February 2008

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions of the Immigration, Asylum and Nationality Act 2006 subject to transitional and saving provision.

The provisions specified in article 2 are brought into force on 29th February 2008.

The provisions specified in article 3 are brought into force on 1st April 2008.

Article 4 makes saving provision in relation to section 4(1) and 4(2) of the 2006 Act so that those sections shall have effect only so far as they relate to applications of a kind identified in immigration rules as requiring to be considered under a “Points Based System”.

Article 5 makes transitional provision in relation to Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act so that sections 8 and 8A of the 1996 Act and orders made under those sections continue to have effect in relation to employment which commenced before 29th February 2008, including employment which continued on or after that date. Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act are of no effect in relation to employment of this kind.