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The UK Borders Act 2007 (Commencement No. 3 and Transitional Provisions) Order 2008

S.I. 2008/1818 · Made 8 July 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.

Immigraton

Made 8th July 2008

The Secretary of State makes the following Order in exercise of the powers conferred by section 59(2) to (4) of the UK Borders Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 c.30.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Transitional provisions
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1Citation and interpretation

This Order may be cited as the UK Borders Act 2007 (Commencement No. 3 and Transitional Provisions) Order 2008.

2Commencement

The following provisions of the UK Borders Act 2007 shall come into force on 1st August 2008—

(a)

the provisions set out in the Schedule to this Order in respect of a person to whom Condition 1 (within the meaning of section 32 of that Act) applies; and

(b)

section 39 (consequential amendments).

3Transitional provisions

(1)

Subject to paragraph (2), section 32 applies, to the extent to which it is commenced in article 2(a), to persons convicted before the passing of that Act who are in custody at the time of commencement or whose sentences are suspended at the time of commencement.

(2)

Paragraph (1) does not apply to a person who has been served with a notice of a decision to make a deportation order under section 5 of the Immigration Act 1971f1 before 1st August 2008.

Signature

Liam Byrne

Minister of State

Home Office

8th July 2008

Section
Section 32 (automatic deportation)
Section 33 (exceptions)
Section 34 (timing)
Section 35 (appeal)
Section 36 (detention)
Section 37 (family)
Section 38 (interpretation)

Explanatory note

(This note is not part of the Regulations)

This Order brings into force the automatic deportation provisions of the UK Borders Act 2007 to the extent specified in the Order. The provisions set out in the Schedule (sections 32 to 38 and section 39 (interpretation)) shall come into force on the 1st August 2008 in respect of a person to whom Condition 1 in section 32 applies. This means that the automatic deportation provisions are commenced in respect of those foreign criminals who have been sentenced to a period of imprisonment of at least 12 months. Section 32 is subject to the transitional provision in article 3 which applies section 32 (as commenced) to those in custody at the time of commencement or whose sentences are suspended. This is provided such a person has not been served with a notice of a decision to make a deportation order under section 5 of the Immigration Act 1971 before commencement.