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Immigration and Asylum Act 1999, Cross Heading: Exemption from immigration control 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.
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In the 1971 Act, in section 8 (exceptions for certain categories of person), for subsection (3A) (members of diplomatic missions) substitute—
“(3A)For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless—
(a)he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and
(b)he has not ceased to be such a member after having taken up the post.”
In the 1971 Act, after section 8, insert—
(1)A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).
(2)If a person who is exempt—
(a)ceases to be exempt, and
(b)requires leave to enter or remain in the United Kingdom as a result,
he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.
(3)If—
(a)a person who is exempt ceases to be exempt, and
(b)there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),
his leave is to be treated as expiring at the end of that period.”
In the 1971 Act, after section 8A, insert—
(1)An excluded person must be refused—
(a)leave to enter the United Kingdom;
(b)leave to remain in the United Kingdom.
(2)A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.
(3)A persons’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.
(4)“Excluded person” means a person—
(a)named by or under, or
(b)of a description specified in,
a designated instrument.
(5)The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—
(a)requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or
(b)recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).
(6)Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.
(7)An order under this section must be made by statutory instrument.
(8)Such a statutory instrument shall be laid before Parliament without delay.”
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