Asylum and Immigration (Treatment of Claimants, etc.) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Schedule 1

 

LORDS AMENDMENT NO. 42

42Page 32, line 17, after "legal" insert "or lay"
 

The Commons disagree to this Amendment but propose Amendments 61A to 61C in lieu.

 

LORDS AMENDMENT NO. 43

43Page 32, line 18, leave out first "as"
 

The Commons disagree to this Amendment but propose Amendments 61A to 61C in lieu.

 

LORDS AMENDMENT NO. 44

44Page 32, line 18, leave out from "appointment" to end of line 19
 

The Commons disagree to this Amendment but propose Amendments 61A to 61C in lieu.

 

LORDS AMENDMENT NO. 46

46Page 33, line 8, leave out from "by" to end of line 9 and insert "three members unless the President from time to time directs"
 

The Commons disagree to this Amendment but propose the following Amendment to the words so restored to the bill—

46APage 33, line 9, after "President", insert ", having regard to the complexity and other circumstances of particular cases or classes of case,"
 

Schedule 2

 

LORDS AMENDMENT NO. 61

61Page 41, line 3, at end insert "or lay"
 

The Commons disagree to Amendments 42 to 44 and 61 but propose the following Amendments in lieu—

61APage 32, line 19, at end insert—
  "or,
(e)  in the Lord Chancellor's opinion, has non-legal experience which makes him suitable for appointment.
(2)      A person appointed under sub-paragraph (1)(a) to (d) shall be known as a legally qualified member of the Tribunal."
61BPage 37, line 5, after "a", insert "legally qualified"
61CPage 41, line 3, leave out paragraph 28 and insert—
 "28      Where immediately before commencement a person is a member of the Immigration Appeal Tribunal—
(a)  he shall be treated as having been appointed as a member of the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to that Act immediately after commencement, and
(b)  if he was a legally qualified member of the Immigration Appeal Tribunal (within the meaning of Schedule 5 to that Act) he shall be treated as having been appointed as a legally qualified member of the Asylum and Immigration Tribunal."
 

LORDS AMENDMENT NO. 62

62Page 41, line 14, at end insert—
 "30   (1)   This paragraph shall have effect in relation to applications under section 103A(1) or for permission under section 103A(4)(b) made—
(a)  during the period beginning with commencement and ending with such date as may be appointed by order of the Lord Chancellor, and
(b)  during any such later period as may be appointed by order of the Lord Chancellor.
(2)      An application in relation to which this paragraph has effect shall be considered by a member of the Asylum and Immigration Tribunal (in accordance with arrangements under paragraph 8(1) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (c.41) (inserted by Schedule 1 above)).
(3)      For the purposes of sub-paragraph (2)—
(a)  references in section 103A to the appropriate court shall be taken as references to the member of the Tribunal who is considering the application or who is to consider the application,
(b)  rules of court made for the purpose of section 103A(4)(a) in relation to the court to which an application is made shall have effect in relation to the application despite the fact that it is considered outside the appropriate court, and
(c)  section 103A(6) shall be subject to sub-paragraph (5) below.
(4)      Where a member of the Tribunal considers an application under section 103A(1) or 103A(4)(b) by virtue of this paragraph—
(a)  he may make an order under section 103A(1) or grant permission under section 103A(4)(b), and
(b)  if he does not propose to make an order or grant permission, he shall notify the appropriate court and the applicant.
(5)      Where notice is given under sub-paragraph (4)(b)—
(a)  the applicant may notify the appropriate court that he wishes the court to consider his application under section 103A(1) or 103A(4)(b),
33(b)  the notification must be given within the period of 10 working days beginning with the date on which the applicant is treated, in accordance with rules under section 106 of the Nationality, Immigration and Asylum Act 2002 (c.41), as receiving the notice under sub-paragraph (4)(b) above, and
(c)  the appropriate court shall consider the application under section 103A(1) or 103A(4)(b) if—
(i)  the applicant has given notice in accordance with paragraphs (a) and (b) above, or
(ii)  the applicant has given notice under paragraph (a) above outside the period specified in paragraph (b) above, but the appropriate court concludes that the application should be considered on the grounds that the notice could not reasonably practicably have been given within that period.
(6)       Rules of court may specify days to be disregarded in applying sub-paragraph (5)(b).
(7)      A member of the Tribunal considering an application under section 103A(1) by virtue of this paragraph may not make a reference under section 103C.
(8)      An order under sub-paragraph (1)(a) or (b)—
(a)  shall be made by statutory instrument,
(b)  shall not be made unless the Lord Chancellor has consulted such persons as he thinks appropriate, and
(c)  shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament."
 

COMMONS AGREEMENT WITH AMENDMENT

 

The Commons agree to this Amendment with the following Amendment—

62ALine 33, leave out "10 working" and insert "5"
 

THE LORD GOODHART

62BThe Lord Goodhart to move, as an Amendment to the motion that this House do agree with the Commons in their Amendment 62A to Lords Amendment 62, leave out "agree" and insert "disagree".

 
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14 July 2004