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The Immigration (Designation of Travel Bans) (Amendment No. 3) Order 2002

S.I. 2002/3018 · Made 5 December 2002

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 5th December 2002

Laid before Parliament 6th December 2002

Coming into force 7th December 2002

The Secretary of State, in exercise of the powers conferred upon him by section 8B(5) of the Immigration Act 1971f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1971 c. 77, as inserted by section 8 of the Immigration and Asylum Act 1999 (c. 33).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendment of the 2000 Order
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No. 3) Order 2002 and shall come into force on the day after the day on which it is laid before Parliament.

2Citation, commencement and interpretation

In this Order “the 2000 Order” means “the Immigration (Designation of Travel Bans) Order 2000”f1.

3Amendment of the 2000 Order

The Schedule to the 2000 Order shall be amended as follows:

(a)

in Part 1 “Resolution 1127 (1997) of 28th August 1997 (Angola)” shall be deleted; and

(b)

at the end of Part 2, after “Common Position 2002/145/CFSP of 18th February 2002 (Zimbabwe)” there shall be inserted “, as amended by Common Position 2002/600/CFSP of 22nd July 2002 (Zimbabwe)”.

Signature

Beverley Hughes

Minister of State

Home Office

5th December 2002

Explanatory note

(This note is not part of the Order)

This Order amends the Immigration (Designation of Travel Bans) Order 2000 (“the 2000 Order”) by removing Resolution 1127 (1997) of 28th August 1997 (Angola) (“the Angola Resolution”) from the list of resolutions of the United Nations Security Council in Part 1 of the Schedule to that Order and ensures that Common Position 2002/145/CFSP of 18th February 2002 (Zimbabwe) (“the First Common Position”) refers to Common Position 2002/600/CFSP of 22nd July 2002 (Zimbabwe) (“the Second Common Position”) on the list of Instruments made by the Council of the European Union in Part 2 of the Schedule to that Order.

The 2000 Order designates a list of instruments of the United Nations Security Council (listed in Part 1 of the Schedule to that Order) or of the Council of Europe of the European Union (listed in Part 2 of the Schedule). A person named in a designated instrument is regarded as an “excluded person” for the purposes of section 8B of the Immigration Act and must be refused leave to enter or remain in the United Kingdom. Additionally, any extant leave to enter or remain is automatically cancelled upon a person coming to be regarded as an “excluded person”.

The effect of the first of the amendments made by this Order is to delete the reference in the 2000 Order to the Angola Resolution so as to remove the individuals named in the Angola Resolution from the ambit of the definition of “excluded person”. The effect of the second of the amendments made by this Order is to ensure that the definition of “excluded person” accurately reflects the Council of the Europe Union’s present position as to which Zimbabwean nationals are subject to travel restrictions imposed by Member States of the European Union. This is achieved by amending the 2000 Order to incorporate a reference to the Second Common Position which substitutes, in place of the list originally appearing as an annex to the First Common Position, a new list of persons subject to the travel ban put in place by the First Common Position.