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| Immigration and asylum appeals. |
6. - (1) After section 57(6) of the 1976 Act (enforcement of Part III of that Act) there is added-
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"(7) This section has effect subject to section 57A."
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(2) After section 57 of that Act there is inserted-
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| "Claims under section 19B in immigration cases. |
57A. - (1) No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if-
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(a) the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of section 19B has been or could be raised in proceedings on an appeal which is pending, or could be brought, under the 1997 Act or Part IV of the 1999 Act; or |
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(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section. |
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(2) For the purposes of this section an immigration claim is a claim that a person-
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(a) has committed a relevant act of discrimination against the claimant which is unlawful by virtue of section 19B; or |
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(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the claimant. |
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(3) Where it has been decided in relevant immigration proceedings that an act to which an immigration claim relates was unlawful by virtue of section 19B, any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19B for the purposes of the proceedings before it.
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(4) No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under section 57.
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(5) In this section-
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"the Immigration Acts" has the same meaning as in the 1999 Act; |
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"immigration appellate body" means an adjudicator appointed for the purposes of the 1999 Act, the Immigration Appeal Tribunal, the Special Immigration Appeals Commission, the Court of Appeal, the Court of Session or the House of Lords; |
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"immigration authority" means an authority within the meaning of section 65 of the 1999 Act (human rights and racial discrimination cases); |
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"immigration claim" has the meaning given by subsection (2) above; |
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"pending" has the same meaning as in the 1997 Act or, as the case may be, Part IV of the 1999 Act; |
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"relevant act of discrimination" means an act of discrimination done by an immigration authority in taking any relevant decision; |
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"relevant decision" means- |
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(a) in relation to an immigration authority, any decision under the Immigration Acts relating to the entitlement of the claimant to enter or remain in the United Kingdom; and
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(b) in relation to an immigration appellate body, any decision on an appeal under the 1997 Act or Part IV of the 1999 Act in relation to a decision falling within paragraph (a);
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"relevant immigration proceedings" means proceedings on an appeal under the 1997 Act or Part IV of the 1999 Act; |
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"the 1997 Act" means the Special Immigration Appeals Commission Act 1997; |
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"the 1999 Act" means the Immigration and Asylum Act 1999,
and, for the purposes of subsection (1)(a), any power to grant leave to appeal out of time shall be disregarded." |
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(3) In section 65(1) of the Immigration and Asylum Act 1999 (acts made unlawful by section 6(1) of the Human Rights Act 1998) after "United Kingdom," there is inserted "racially discriminated against him or".
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(4) In section 65(2) of that Act, after "Part" there is inserted "-
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(a) an authority racially discriminates against a person if he acts, or fails to act, in relation to that other person in a way which is unlawful by virtue of section 19B of the Race Relations Act 1976; and |
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National security |
| National security. |
7. - (1) In section 42 of the 1976 Act (exclusion for acts safeguarding national security), at the end there is added "if the doing of the act was justified by that purpose".
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(2) Section 69(2)(b) of that Act (provision for national security certificates) is omitted.
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| National security: procedure. |
8. After section 67 of the 1976 Act there is inserted-
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| "National security: procedure. |
67A. - (1) Rules may make provision for enabling a court in which relevant proceedings have been brought, where it considers it expedient in the interests of national security-
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(a) to exclude from all or part of the proceedings- |
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(ii) the claimant's representatives; or
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(iii) the assessors (if any) appointed by virtue of section 67(4);
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(b) to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded; |
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(c) to take steps to keep secret all or part of the reasons for its decision in the proceedings. |
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(2) The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, any proceedings from which the claimant and his representatives are excluded by virtue of subsection (1).
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(3) A person appointed under subsection (2)-
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(a) if appointed for the purposes of proceedings in England and Wales, must have a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and |
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(b) if appointed for the purposes of proceedings in Scotland, must be- |
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(ii) a solicitor who has by virtue of section 25A of the Solicitors (Scotland) Act 1980 rights of audience in the Court of Session or the High Court of Justiciary.
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(4) A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.
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(5) In this section-
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"relevant proceedings" means proceedings brought under this Act- |
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(a) in England and Wales, in a designated county court; or
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(b) in Scotland, in a sheriff court; and
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"rules" has the same meaning as in section 65." |
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Supplementary and final provisions |
| Consequential amendments and repeals. |
9. - (1) Schedule 3 (which makes further consequential amendments of enactments) is to have effect.
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(2) The enactments mentioned in Schedule 4 are repealed to the extent specified there.
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| Short title, commencement, extent etc. |
10. - (1) This Act may be cited as the Race Relations (Amendment) Act 2000.
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(2) Sections 1 to 9 (including Schedules 1 to 4) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
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(3) An order under this section-
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(a) shall be made by statutory instrument; and |
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(b) may make such transitory, transitional or saving provision as the Secretary of State considers appropriate. |
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(4) Transitory provision made in exercise of the power conferred by subsection (3)(b) may, in particular, include provision made in consequence of any provision of any other Act passed before, or in the same session as, this Act not having come into force.
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(5) No amendment by this Act of an enactment shall be taken, for the purposes of the Scotland Act 1998, to be a pre-commencement enactment within the meaning of that Act unless the amendment so provides.
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(6) Any amendment or repeal by this Act of an enactment has the same extent as the enactment amended or repealed.
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