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2.—(1) The Immigration (Notices) Regulations 2003(1) are amended as follows.
(2) In regulation 2 (interpretation)—
(a)omit the definition of “immigration decision”;
(b)in the definition of “notice of appeal”, for “rules for the time being in force under section 106(1) of the 2002 Act” substitute “Procedure Rules”; and
(c)in the definition of “Procedure Rules”, for “106(1) of the 2002 Act(2)” substitute “22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007(3)”.
(3) Omit regulation 3 (transitional provision).
(4) In regulation 4 (notice of decisions)—
(a)in paragraph (1), for “immigration decision or” substitute “decision taken in respect of him which is appealable under section 82(1) of the 2002 Act(4) or any”; and
(b)omit paragraphs (2) and (2A).
(5) In regulation 5 (contents of notice)—
(a)in paragraph (1)(a), omit “and”;
(b)omit paragraphs (1)(b), (2) and (2A);
(c)in paragraph (3), omit “subject to paragraph 6,”;
(d)for paragraph (4), substitute—
“(4) The notice given under regulation 4 shall be accompanied by information about the process for providing a notice of appeal to the Tribunal and the time limit for providing that notice.”; and
(e)omit paragraphs (5), (6), (7) and (8).
(6) In regulation 7 (service of notice)—
(a)for paragraph (3), substitute—
“(3) Where a notice has been given in accordance with paragraph (2) and then subsequently the person is located—
(a)he shall be given a copy of the notice and details of when and how it was given as soon as practicable; and
(b)the time limit for appeal under the Procedure Rules shall be calculated from the date the notice is deemed to have been given in accordance with paragraph (2).”;
(b)for paragraph (4), substitute—
“(4) Where a notice is sent by post to a place outside the United Kingdom in accordance with paragraph (1)(c) it shall be deemed to have been received on the twenty-eighth day after it was posted, unless the contrary is proved.”;
(c)in paragraph (5)—
(i)in sub-paragraph (a), omit “and”; and
(ii)omit sub-paragraph (b); and
(d)omit paragraph (6).
S.I. 2003/658 as amended by S.I. 2006/2168, S.I. 2008/684, S.I. 2008/1819 and S.I. 2013/793.
2002 c. 41; section 106(1) was repealed by S.I. 2010/21.
2002 c. 41; section 82(1) was amended by section 26(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) and section 15(2) of the Immigration Act 2014.
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