Special Immigration Appeals Commission Act 1997

SCHEDULES

Section 1.

SCHEDULE 1 U.K. The Commission

Members U.K.

1 (1) The Special Immigration Appeals Commission shall consist of such number of members appointed by the Lord Chancellor as he may determine. U.K.

(2) A member of the Commission shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(3) A member of the Commission may resign his office at any time by notice in writing to the Lord Chancellor.

Chairman U.K.

2 U.K. The Lord Chancellor shall appoint one of the members of the Commission to be its chairman.

Payments to members U.K.

3 (1) The Lord Chancellor may pay to the members of the Commission such remuneration and allowances as he may determine. U.K.

(2) The Lord Chancellor may, if he thinks fit in the case of any member of the Commission pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.

(3) If a person ceases to be a member of the Commission and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.

Proceedings U.K.

4 U.K. The Commission shall sit at such times and in such places as the Lord Chancellor may direct and may sit in two or more divisions.

5 U.K. The Commission shall be deemed to be duly constituted if it consists of three members of whom—

(a) at least one holds or has held high judicial office (within the meaning of [F1 Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council], and

[F2 (b) at least one is or has been [F3 a judge of the First-tier Tribunal, or of the Upper Tribunal, who is assigned to a chamber with responsibility for immigration and asylum matters].]

Textual Amendments

F1 Words in Sch. 1 para. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 17 para. 28; S.I. 2009/1604, art. 2(e)

F2 Sch. 1 para. 5(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 12; S.I. 2005/565, art. 2(d) (with arts. 3-9)

F3 Words in Sch. 1 para. 5(b) 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. 16 (with Sch. 4)

6 U.K. The chairman or, in his absence, such other member of the Commission as he may nominate, shall preside at sittings of the Commission and report its decisions.

Staff U.K.

7 U.K. The Lord Chancellor may appoint such officers and servants for the Commission as he thinks fit.

Expenses U.K.

8 U.K. The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 7 above and such expenses of the Commission as he thinks fit.

F4 F4 SCHEDULE 2 U.K.

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Textual Amendments

F4 Sch. 2 repealed (1.4.2003) by 2002 c. 41, ss. 114(3), 161, 162(1), Sch. 7 para. 26, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

Section 3.

SCHEDULE 3 U.K. Bail: Modifications of Schedule 2 to the Immigration Act 1971

1 (1) Paragraph 22 shall be amended as follows. U.K.

(2) In sub-paragraph (1A), for the words from the beginning to [F29 "Tribunal"] there shall be substituted “ The Special Immigration Appeals Commission ”.

(3) In sub-paragraph (2)—

(a) for the words “immigration officer or [F30 the First-tier Tribunal]" there shall be substituted “ Special Immigration Appeals Commission ”, and

(b) for the words “officer or [F30 the First-tier Tribunal]" there shall be substituted “ Commission ”.

(4) In sub-paragraph (3)—

(a) for “an immigration officer or [F31 the First-tier Tribunal]" there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for “officer or [F31 the First-tier Tribunal]", in both places, there shall be substituted “ Commission ”.

Textual Amendments

F29 Words in Sch. 3 para. 1(2) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(2); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F30 Words in Sch. 3 para. 1(3)(a)(b) 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. 17 (with Sch. 4)

F31 Words in Sch. 3 para. 1(4)(a)(b) 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. 17 (with Sch. 4)

2 (1) Paragraph 23 shall be amended as follows. U.K.

(2) In sub-paragraph (1)—

(a) for “[F32 the First-tier Tribunal] " there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for “[F32 the First-tier Tribunal]", in each place, there shall be substituted “ the Commission ”.

(3) In sub-paragraph (2)—

(a) for “[F33 the First-tier Tribunal]" there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for “[F33 the First-tier Tribunal]" there shall be substituted “ the Commission ”.

Textual Amendments

F32 Words in Sch. 3 para. 2(2)(a)(b) 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. 17 (with Sch. 4)

F33 Words in Sch. 3 para. 2(3)(a)(b) 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. 17 (with Sch. 4)

3 (1) Paragraph 24 shall be amended as follows. U.K.

(2) For sub-paragraph (2), there shall be substituted—

“(2) A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.”

(3) In sub-paragraph (3), for the words from the beginning to “above" there shall be substituted “ Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission— ”.

4 (1) Paragraph 29 shall be amended as follows. U.K.

[F34 (1A) In sub-paragraph (1) after “2002” there shall be inserted “or section 2 of the Special Immigration Appeals Commission Act 1997 or a review pending under section 2E of that Act.]

(2) For sub-paragraphs (2) to (4) there shall be substituted—

“(2) The Special Immigration Appeals Commission may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the Commission at a time and place named in the recognizance or bail bond.”

(3) For sub-paragraph (6) there shall be substituted—

“(6) In any case in which the Special Immigration Appeals Commission has power to release an appellant on bail, the Commission may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the Commission; and on the recognizance or bail bond being so taken the appellant shall be released.”

Textual Amendments

F34 Sch. 3 para. 4(1A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 10(3); S.I. 2014/1820, art. 3(cc)

5 U.K. Paragraph 30(2) shall be omitted.

6 (1) Paragraph 31 shall be amended as follows. U.K.

(2) In sub-paragraph (1)—

(a) for [F35 “the Tribunal"] there shall be substituted “ the Special Immigration Appeals Commission ”,

(b) for [F36 “the Tribunal"] there shall be substituted “ the Commission ”, and

(c) for [F37 “the Tribunal"], in both places, there shall be substituted “ the Commission ”.

(3) In sub-paragraph (3)—

(a) for [F38 “the Tribunal"] there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for [F39 “the Tribunal"] there shall be substituted “ it ”.

Textual Amendments

F35 Words in Sch. 3 para. 6(2)(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(10); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F36 Words in Sch. 3 para. 6(2)(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(11); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F37 Words in Sch. 3 para. 6(2)(c) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(12); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F38 Words in Sch. 3 para. 6(3)(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(13); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F39 Words in Sch. 3 para. 6(3)(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(14); S.I. 2005/565, art. 2(d) (with arts. 3-9)

7 U.K. Paragraph 32 shall be amended as follows—

(a) for [F40 “the Tribunal"] there shall be substituted “ the Special Immigration Appeals Commission ”,

(b) for [F41 “the Tribunal"] there shall be substituted “ the Commission ”, and

(c) for [F42 “the Tribunal"] there shall be substituted “ the Commission ”.

Textual Amendments

F40 Words in Sch. 3 para. 7(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(15); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F41 Words in Sch. 3 para. 7(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(16); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F42 Words in Sch. 3 para. 7(c) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(17); S.I. 2005/565, art. 2(d) (with arts. 3-9)

8 (1) Paragraph 33 shall be amended as follows. U.K.

(2) For sub-paragraph (2), there shall be substituted—

“(2) A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.”

(3) In sub-paragraph (3), for the words from the beginning to “above" there shall be substituted “ Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission— ”.