The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010

Saving provisions

20.  Section 103D of the 2002 Act and the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005(1) (“the 2005 Regulations”) (legal aid funding arrangements) shall continue to apply to proceedings to which paragraphs 2 to 8 and 13(1)(b), (c) and (2) (in relation to sub-paragraphs (1)(b) to (e)) apply until the proceedings are finally determined —

(a) as if the repeals in Schedule 1 in respect of sections 103A and 103D of the 2002 Act and rule 33 of the Asylum and Immigration Tribunal (Procedure) Rules 2005(2) (“the 2005 Rules”), and the repeals and revocations in Schedule 3 in respect of paragraph 30 of Schedule 2 to the 2004 Act and the 2005 Regulations had not been made;

(b) as if the references to the Tribunal in section 103D of the 2002 Act, paragraph 30 of Schedule 2 to the 2004 Act, the 2005 Regulations and rule 33 of the 2005 Rules were references to the First-tier Tribunal or the Upper Tribunal as appropriate, and the references to the appropriate court and the High Court were references to the Upper Tribunal where appropriate; and

(c) subject to any necessary modifications to the 2005 Regulations and the 2005 Rules.

(1)

S.I. 2005/966 was amended by the Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007 (S.I. 2007/1317).

(2)

S.I. 2005/230.