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The Immigration and Asylum Act 1999 (Commencement No. 8 and Transitional Provisions) Order 2000

S.I. 2000/3099 · Made 19 November 2000

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 19th November 2000

In exercise of the powers conferred upon him by sections 166(3) and 170(4) and (5) of the Immigration and Asylum Act 1999f1, the Secretary of State hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1999 c. 33.

Contents

  1. 1Citation and interpretation
  2. 2Citation and interpretation
  3. 3Commencement
  4. 4Amendment
  5. 5Amendment
  6. Signature
  7. Schedule THESchedule THE
  8. Explanatory note

1Citation and interpretation

This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 8 and Transitional Provisions) Order 2000.

2Citation and interpretation

In this Order “the 1999 Act” means the Immigration and Asylum Act 1999.

3Commencement

The provisions of the 1999 Act specified in column 1 of the Schedule to this Order shall come into force on 11th December 2000, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision shall come into force on that date only for that purpose.

4Amendment

With effect from 27th November 2000, the Immigration and Asylum Act 1999 (Commencement No. 7) Order 2000f1 is amended as follows—

(a)

in article 2, after “1st January 2001” insert “, subject to the transitional provision contained in article 3,”; and

(b)

after article 2 insert—

“Transitional Provision

3

The provisions of the 1949 Act as they are in force on 31st December 2000 shall continue to apply in respect of any marriage, notice of which has been entered in the marriage notice book for—

(a)

the registration district referred to in section 27(1)(a) or (2) of the 1949 Act, or

(b)

each registration district referred to in section 27(1)(b) of the 1949 Act,

before 1st January 2001.”.

5Amendment

With effect from 27th November 2000, the limitations on the taking effect of a variation and on a requirement to leave the United Kingdom contained in section 14(1) of the Immigration Act 1971f1 and in paragraph 7 of Schedule 2 to the Asylum and Immigration Appeals Act 1993f2 (as continued in force by paragraphs 2(5) and 3(4) of Schedule 2 to the Immigration and Asylum Act 1999 (Commencement No. 6 and Consequential Provisions) Order 2000 f3) are to be disregarded in calculating, for the purposes of section 61 or 69(2) of the 1999 Act, whether, as a result of a decision, a person may be required to leave the United Kingdom within 28 days.

Signature

Barbara Roche

Minister of State

Home Office

19th November 2000

Schedule THE

Column 1Column 2
Section 13 (Proof of identity of persons to be removed or deported).
Sections 141 to 144 (Fingerprinting, Attendance for fingerprinting, Destruction of fingerprints and Other methods of collecting data about physical characteristics).
Section 169(1) and (3).So far as relating to the provisions of Schedules 14 and 16 commenced by this Order.
In Schedule 14, paragraph 61.
In Schedule 16 (Repeals), the entry relating to section 3 of the Asylum and Immigration Appeals Act 1993.

Explanatory note

(This note is not part of the Order)

This Order brings into force on 11th December 2000, the following provisions of the 1999 Act, so far as not already in force:

(a)

section 13 which permits the Secretary of State to provide identification data relating to a person who is to be removed from the United Kingdom to the country to which the person is to be removed if it indicates that he will not be admitted to it unless such data is provided;

(b)

section 141 which authorises the taking of fingerprints from certain persons;

(c)

section 142 which states that the Secretary of State may require a person to attend a specified place for fingerprinting and that a person who does not comply may be arrested;

(d)

section 143 which makes provision for the destruction of fingerprints;

(e)

section 144 which gives the Secretary of State power to make regulations in relation to other methods of collecting data about external physical characteristics;

(f)

a consequential amendment in Schedule 14 together with an entry in the repeals Schedule, Schedule 16.

This Order also inserts a transitional provision into the Immigration and Asylum Act 1999 (Commencement No.7) Order 2000 (S.I. 2000/2698 (C. 76)) relating to marriages of which notice has been entered into the marriage notice book before 1st January 2001.

This Order also makes a further transitional provision for Part IV of the 1999 Act. The effect of article 5 is that where a person has applied for a variation of leave on the grounds of asylum and other grounds, and he is refused on one element of the application and appeals that decision before 2nd October 2000 and on or after that date is refused on the other ground, he may appeal both aspects, notwithstanding that, in the case of the appeal on the other ground, he is not required to leave within 28 days because of his outstanding appeal on the first ground.