Borders, Citizenship and Immigration Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Borders, Citizenship and Immigration Bill [HL]

Borders, Citizenship and Immigration Bill [HL]
Part 4 — Miscellaneous and general
47

(a)
sections 51 (entry otherwise than by sea or air: immigration control), 53
(fingerprinting of foreign criminals) and 54 (detention at ports in
Scotland) come into force on such day as the Secretary of State may by
order appoint;
(b)
section 52 (restriction on studies) comes into force on the day this Act is
5
passed.
(4)
In this Part—
(a)
section 55 (fresh claim applications) comes into force on such day as the
Lord Chancellor may by order appoint;
(b)
sections 56 (trafficking people for exploitation) and 57 (duty regarding
10
the welfare of children) come into force on such day as the Secretary of
State may by order appoint.
(5)
Any repeal in the Schedule (and section 58 so far as relating to the repeal)
comes into force in the same way as the provisions of this Act to which the
repeal relates.
15
(6)
The other provisions of this Part come into force on the day this Act is passed.
(7)
An order under this section must be made by statutory instrument.
(8)
An order under this section—
(a)
may appoint different days for different purposes;
(b)
may include transitional or incidental provision or savings.
20
(9)
In the case of an order commencing sections 40 to 42 (acquisition of British
citizenship by naturalisation), transitional provision may, in particular—
(a)
provide that the qualifying period for the purposes of paragraph 1 or 3
of Schedule 1 to the British Nationality Act 1981 (c. 61) includes time
before that commencement;
25
(b)
provide for leave to enter or remain in the United Kingdom granted
before that commencement to be treated as qualifying temporary
residence leave or probationary citizenship leave for the purposes of
that Schedule.
(10)
In the case of an order commencing section 46 (acquisition of British citizenship
30
through the female line), transitional provision may, in particular, provide that
section 46 is to apply to an application made, but not determined, under section
4C of the British Nationality Act 1981 before that commencement.
(11)
No order may be made commencing section 54 (detention at ports in Scotland)
unless the Secretary of State has consulted the Scottish Ministers.
35
61
Short title
(1)
This Act may be cited as the Borders, Citizenship and Immigration Act 2009.
(2)
Nothing in this Act shall impose any charge on the people or on public funds,
or vary the amount or incidence of or otherwise alter any such charge in any
manner, or affect the assessment, levying, administration or application of any
40
money raised by any such charge.

48
Borders, Citizenship and Immigration Bill [HL]
Schedule — Repeals
Part 3 — Immigration

Schedule
Section 58

Repeals
Part 1
Border functions

Reference
Extent of repeal

5

Immigration and Asylum Act
In section 147, in the definition of “short-term

1999 (c. 33)
holding facility”, the word “solely”.

UK Borders Act 2007 (c. 30)
Section 21(5)(a).

In section 48—

(a)
in subsection (2), the words from the

10

beginning to “Agency;”, and

(b)
subsection (3).

Part 2
Citizenship

Reference
Extent of repeal

15

British Nationality Act 1981
Section 3(4).

(c. 61)
In section 4B(1), the word “or” immediately

before paragraph (c).

In section 4C(2), the words “after 7th February

1961 and”.

20

In Schedule 1—

(a)
in paragraph 1(1)(a), the words from “,

or the” to “this paragraph”,

(b)
paragraph 1(3), and

(c)
paragraph 2(1)(c).

25

Hong Kong (War Wives and
In section 1(1), the word “and” immediately

Widows) Act 1996 (c. 41)
before paragraph (b).

Nationality, Immigration and
Section 11.

Asylum Act 2002 (c. 41)

Immigration, Asylum and
Section 58.

30

Nationality Act 2006 (c. 13)

Part 3
Immigration

Reference
Extent of repeal

UK Borders Act 2007 (c. 30)
In section 60(1), the words “1 to 4,”.

35

Borders, Citizenship and Immigration Bill [HL]
Schedule — Repeals
Part 4 — Miscellaneous
49

Part 4
Miscellaneous

Reference
Extent of repeal

UK Borders Act 2007 (c. 30)
Section 21.