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Joint Committee on Statutory Instruments First Report


Memorandum by the Lord Chancellor's Department


1. The Joint Committee on Statutory Instruments has requested the Department to submit a memorandum on the following point:

    "Paragraph 7(4) of Schedule 7 to the Immigration and Asylum Act 1999 states that rules made under paragraph 7 of that Schedule must make provision for any person appealing to the Tribunal or otherwise subject to its jurisdiction to be entitled to legal representation. Regulation 21 makes such provision as respects the hearing of an appeal or charge. What justifies the absence of a similar provision as respects the hearing of an application under rule 9(5), 10(3), 11(3) or 15(3)?"

2. It was considered that, as a person can only be subject to the jurisdiction of the Tribunal in respect of an appeal or charge, the requirement in paragraph 7(4) of Schedule 7 was to provide that a person was entitled to legal representation for the hearing of the appeal or charge. On reflection, however, we see the force of the argument that such representation should also be available for interlocutory hearings, and the Department will consider how to amend the Rules to provide this. The Department thanks the Committee for drawing this point to its attention.

24 November 2000

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