- Latest available (Revised)
- Point in Time (31/07/2015)
- Original (As enacted)
Point in time view as at 31/07/2015. This version of this provision has been superseded.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.
Immigration Act 1971, Section 22 is up to date with all changes known to be in force on or before 30 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 [F1Lord Chancellor] may make rules (in this Act referred to as “rules of procedure”)—
(a)for regulating the exercise of the rights of appeal conferred by this Part of this Act;
(b)for prescribing the practice and procedure to be followed on or in connection with appeals thereunder, including the mode and burden of proof and admissibility of evidence on such an appeal; and
(c)for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of adjudicators or the Appeal Tribunal.
(2)Rules of procedure may include provision—
(a)enabling the Tribunal, on an appeal from an adjudicator, to remit the appeal to an adjudicator for determination by him in accordance with any directions of the Tribunal, or for further evidence to be obtained with a view to determination by the Tribunal; or
(b)enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal, or which are conferred by Part II of Schedule 2 to this Act, to be performed by a single member of the Tribunal; or
(c)conferring on adjudicators or the Tribunal such ancillary powers as the [F1Lord Chancellor] thinks necessary for the purposes of the exercise of their functions.
(3)The rules of procedure shall provide that any appellant shall have the right to be legally represented.
(4)Where on an appeal under this Part of this Act it is alleged—
(a)that a passport or other travel document, [F2certificate of entitlement], entry clearance or work permit (or any part thereof or entry therein) on which a party relies is a forgery; and
(b)that the disclosure to that party of any matters relating to the method of detection would be contrary to the public interest;
then (without prejudice to the generality of the power to make rules of procedure) the adjudicator or Tribunal shall arrange for the proceedings to take place in the absence of that party and his representatives while the allegation at (b) above is inquired into by the adjudicator or Tribunal and, if it appears to the adjudicator or Tribunal that the allegation is made out, for such further period as appears necessary in order to ensure that those matters can be presented to the adjudicator or Tribunal without any disclosure being directly or indirectly made contrary to the public interest.
(5)If under the rules of procedure leave to appeal to the Tribunal is required in cases where an adjudicator dismisses an appeal under section 13 above, then the authority having power to grant leave to appeal shall grant it—
(a)in any case where the appeal was against a decision that the appellant required leave to enter the United Kingdom, and the authority is satisfied that at the time of the decision he held a [F2certificate of entitlement]; and
(b)in any case where the appeal was against a refusal of leave to enter, and the authority is satisfied that at the time of the refusal the appellant held an entry clearance and that the dismissal of the appeal was not required by section 13(4).
(6)A person who is required under or in accordance with rules of procedure to attend and give evidence or produce documents before an adjudicator or the Tribunal, and fails without reasonable excuse to comply with the requirement, shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F3level 3 on the standard scale].
(7)The power to make rules of procedure shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words substituted by S.I. 1987/465, arts. 2(b), 3(1)(3)
F2Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1) (with Sch. 8 para. 8)
F3Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6
Modifications etc. (not altering text)
C1S. 22: by S.I. 1987/465, arts. 2(b), 3(1)(3) the functions of the Secretary of State under s. 22 are transferred to the Lord Chancellor
C2Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2
S. 22(1)-(4)(6)(7) amended (1.9.1996) by 1996 c. 49, s. 3(4)(d); S.I. 1996/2053, art. 2, Sch. Pt.II
S. 22 extended (26.7.1993) by 1993 c. 23, ss. 8(6), 9(4), Sch. 2 paras. 4(3), 5(4); S.I. 1993/1655 art. 2
S. 22 extended (21.10.1996) by 1993 c. 23, Sch. 2 para. 5 (as substituted by 1996 c. 49, s.1; S.I. 1996/2127, art. 2, Sch. Pt.III)
S. 22 extended (26.7.1996) by 1996 c. 49, s. 3(5); S.I. 1996/2053, art. 2, Sch. Pt.I
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: 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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: