Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Lords

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PART X

MISCELLANEOUS AND SUPPLEMENTAL

Institution of proceedings.

163. In section 3(2) of the Prosecution of Offences Act 1985 (proceedings which must be conducted by the Director of Public Prosecutions), after paragraph (a) insert-

"(aa) to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the Immigration Act 1971) acting in his capacity as such an officer;".

Procedural requirements as to applications.

164. In the 1971 Act, after section 31, insert-

"Procedural requirement as to applications.	31A. - (1) If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.
	(2) If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.
	(3) "Prescribed" means prescribed in regulations made by the Secretary of State.
	(4) The power to make regulations under this section is exercisable by statutory instrument.
	(5) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."

Regulations and orders.

165. - (1) Any power to make rules, regulations or orders conferred by this Act is exercisable by statutory instrument.

(2) But subsection (1) does not apply in relation to rules made under paragraph 1 of Schedule 5 or immigration rules.

(3) Any statutory instrument made as a result of subsection (1) may-

(a) contain such incidental, supplemental, consequential and transitional provision as the person making it considers appropriate;

(b) make different provision for different cases or descriptions of case; and

(4) No order is to be made under-

(a) section 18,

(b) section 19,

defences based on Article 31 of the Refugee Convention

(d) section 83(2),

(e) section 94(5),

(f) section 95(3),

(g) section 142(15), or

(h) paragraph 4 of Schedule 5,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(5) No regulations are to be made under-

(a) section 8,

(b) section 43(8);

(d) section 143,

unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(6) Any statutory instrument made under this Act, apart from one made-

(a) under any of the provisions mentioned in subsection (4) or (5), or

(b) under section 22(3) or 169(2), (4) or (7),

shall be subject to annulment by a resolution of either House of Parliament.

Interpretation.

166. - (1) In this Act-

"the 1971 Act" means the Immigration Act 1971;

"adjudicator" (except in Part VI) means an adjudicator appointed under section 54;

"Chief Adjudicator" means the person appointed as Chief Adjudicator under section 54(2);

"claim for asylum" (except in Parts V and VI and section 140) means a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;

"the Commission" means the Special Immigration Appeals Commission;

"country" includes any territory;

"EEA State" means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;

"the Human Rights Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;

"the Immigration Acts" means-

(a) the 1971 Act;

(b) the Immigration Act 1988;

(d) the Asylum and Immigration Act 1996; and

(e) this Act;

"prescribed" means prescribed by regulations made by the Secretary of State;

"the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;

"voluntary organisations" means bodies (other than public or local authorities) whose activities are not carried on for profit.

(2) The following expressions have the same meaning as in the 1971 Act-

"certificate of entitlement";

"entry clearance";

"illegal entrant";

"immigration officer";

"immigration rules";

"port";

"United Kingdom passport";

"work permit".

Expenditure and receipts.

167. - (1) There is to be paid out of money provided by Parliament-

(a) any expenditure incurred by the Secretary of State or the Lord Chancellor in consequence of this Act; and

(b) any increase attributable to this Act in the sums so payable by virtue of any other Act.

(2) Sums received by the Secretary of State under section 5, 29, 37, 111 or 112 or by the Lord Chancellor under section 45(4) or 46(4) must be paid into the Consolidated Fund.

Minor and consequential amendments, transitional provisions and repeals.

168. - (1) Schedule 13 makes minor and consequential amendments.

(2) Schedule 14 contains transitional provisions and savings.

(3) The enactments set out in Schedule 15 are repealed.

Short title, commencement and extent.

169. - (1) This Act may be cited as the Immigration and Asylum Act 1999.

(2) Section 93(1) comes into force on such day as the Secretary of State may by order appoint and section 114 comes into force with it.

(3) The following provisions come into force on the passing of this Act-

(a) section 4;

(b) section 8;

(d) section 25;

defences based on Article 31 of the Refugee Convention

(f) section 91;

(g) section 93(13);

(h) sections 104 to 108;

(i) section 109(1), (2) and (8) (so far as relating to subsections (1) and (2));

(j) section 110;

(k) section 123;

(l) section 139;

(m) section 144;

(n) section 145(1);

(o) section 165 to 167;

(p) this section;

(q) Schedule 8;

(r) paragraphs 62(2), 73, 77, 78, 80, 81, 86, 87 and 101 of Schedule 13;

(s) paragraph 8 of Schedule 14.

(4) The other provisions of this Act, except section 9 and paragraph 7 of Schedule 14 (which come into force in accordance with section 8), come into force on such day as the Secretary of State may by order appoint.

(5) Different days may be appointed for different purposes.

(6) This Act extends to Northern Ireland.

(7) Her Majesty may by Order in Council direct that any of the provisions of this Act are to extend, with such modifications (if any) as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

Prepared 22 October 1999