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The UK Borders Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008

S.I. 2008/309 · 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 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. 3Commencement
  4. 4Commencement
  5. 5Transitional provision
  6. 6Transitional provision
  7. 7Transitional provision
  8. Signature
  9. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the UK Borders Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008.

(2)

In this Order “the 2007 Act” means the UK Borders Act 2007.

2Commencement

Subject to article 5, the following provisions of the 2007 Act shall come into force on 29th February 2008—

(a)

section 27 (employment: arrest); and

(b)

section 28 (employment: search for personnel records).

3Commencement

The following provisions of the 2007 Act shall come into force on 31st March 2008—

(a)

subject to article 6, section 25 (forfeiture of detained property); and

(b)

sections 44 to 47 (search for evidence of nationality and seizure of nationality documents).

4Commencement

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

(a)

subject to article 7, section 26 (disposal of property) to the extent to which it is not already in force;

(b)

sections 48 to 50 (Border and Immigration Inspectorate: appointment, office and reports);

(c)

section 51 (Border and Immigration Inspectorate: plans) for the purposes of making an order under subsections (2) to (6);

(d)

sections 52 and 53 (Border and Immigration Inspectorate: relationship with other bodies) for the purposes of making an order under those provisions;

(e)

section 54 (Border and Immigration Inspectorate: abolition of other bodies);

(f)

section 55 (Border and Immigration Inspectorate: prescribed matters);

(g)

section 56 (Border and Immigration Inspectorate: Senior President of Tribunals); and

(h)

the Schedule (repeals) to the extent to which it is not already in force.

5Transitional provision

In relation to employment which commenced before 29th February 2008, including employment which continued on or after that date, section 28AA (arrest with warrant)f1 and section 28FA(2) (power to search business premises)f2 of the Immigration Act 1971 shall continue to have effect in respect of an offence under section 8 of the Asylum and Immigration Act 1996 (restrictions on employment)f3.

6Transitional provision

An order made under section 25(1) of the 2007 Act may be made in proceedings instituted before the passing of the 2007 Act.

7Transitional provision

An order made under section 26(2) of the 2007 Act may have effect in relation to property which came into the possession of an immigration officer or the Secretary of State before the passing of the 2007 Act.

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 UK Borders Act 2007 (“the 2007 Act”). The provisions specified in article 2 are, subject to the transitional provision in article 5, brought into force on 29th February 2008. The provisions specified in article 3 are brought into force on 31st March 2008 and the provisions in article 4 are brought into force on 1st April 2008. The transitional provision in article 6 applies to the commencement of the provision in article 3(a) and the transitional provision in article 7 applies to the commencement of the provision in article 4(a).