- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (15/01/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/01/2020
Point in time view as at 15/01/2018. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Special Immigration Appeals Commission Act 1997, Section 5 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Lord Chancellor may make rules—
(a)for regulating the exercise of the rights of appeal conferred by section 2 [F1or 2B]... above,
(b)for prescribing the practice and procedure to be followed on or in connection with appeals under that section [F2section 2 [F1or 2B]... above], including the mode and burden of proof and admissibility of evidence on such appeals, and
(c)for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of the Special Immigration Appeals Commission.
(2)Rules under this section shall provide that an appellant has the right to be legally represented in any proceedings before the Commission on an appeal under section 2 [F1or 2B]... above, subject to any power conferred on the Commission by such rules.
[F3(2A)Rules under this section may, in particular, do anything which may be done by [F4Tribunal Procedure Rules].]
(3)Rules under this section may, in particular—
(a)make provision enabling proceedings before the Commission to take place without the appellant being given full particulars of the reasons for the decision which is the subject of the appeal,
(b)make provision enabling the Commission to hold proceedings in the absence of any person, including the appellant and any legal representative appointed by him,
(c)make provision about the functions in proceedings before the Commission of persons appointed under section 6 below, and
(d)make provision enabling the Commission to give the appellant a summary of any evidence taken in his absence.
(4)Rules under this section may also include provision—
(a)enabling any functions of the Commission which relate to matters preliminary or incidental to an appeal, or which are conferred by [F5Schedule 10 to the Immigration Act 2016], to be performed by a single member of the Commission, or
(b)conferring on the Commission such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.
(5)The power to make rules under this section shall include power to make rules with respect to applications to the Commission under [F6Schedule 10 to the Immigration Act 2016] and matters arising out of such applications.
[F7(5A)Rules under this section must secure that, where the Commission has decided not to release a person on [F8immigration bail under Schedule 10 to the Immigration Act 2016], the Commission is required to dismiss any further application by the person for release on [F9immigration bail] that is made during the period of 28 days starting with the date of the Commission's decision, unless there has been a material change in circumstances.]
(6)In making rules under this section, the Lord Chancellor shall have regard, in particular, to—
(a)the need to secure that decisions which are the subject of appeals are properly reviewed, and
(b)the need to secure that information is not disclosed contrary to the public interest.
F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The power to make rules under this section shall be exercisable by statutory instrument.
(9)No rules shall be made under this section unless a draft of them has been laid before and approved by resolution of each House of Parliament.
Textual Amendments
F1Words in s. 5(1)(a)(b)(2) inserted (1.4.2003) by 2002 c. 41, ss. 4(3), 162(1), (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)
F2Words in s. 5(1)(b) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 28(b) (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))
F3S. 5(2A) inserted (1.4.2003) by 2002 c. 41, ss. 114(3), 162(1), Sch. 7 para. 23(b) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)
F4Words in s. 5(2A) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 15 (with Sch. 4)
F5Words in s. 5(4)(a) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F6Words in s. 5(5) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F7S. 5(5A) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 10(2); S.I. 2014/2771, art. 2(e) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F8Words in s. 5(5A) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(4)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F9Words in s. 5(5A) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(4)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
F10S. 5(7) repealed (2.10.2000) by 2000 c. 23, s. 82, Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 3
Modifications etc. (not altering text)
C1S. 5 modified (14.12.2001) by 2001 c. 24, s. 27(5)
C2Ss. 5, 6 applied by 2002 c. 41, s. 97A(2K) (as inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(4), 61(2); S.I. 2013/1042, art. 4(c))
C3S. 5(1) amended (22.5.2000 for specified purposes and otherwise 2.10.2000) by 1999 c. 33, s. 74(3)(a); S.I. 2000/1282, art. 2, Sch.; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys