- Latest available (Revised)
- Point in Time (07/03/2005)
- Original (As enacted)
Version Superseded: 15/04/2005
Point in time view as at 07/03/2005.
Immigration and Asylum Act 1999, Part X is up to date with all changes known to be in force on or before 28 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.
In section 3(2) of the M1Prosecution of Offences Act 1985 (proceedings which must be conducted by the Director of Public Prosecutions), after paragraph (a) insert—
“(aa)to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the M2Immigration Act 1971) acting in his capacity as such an officer;”.
In the 1971 Act, after section 31, insert—
(1)If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.
(2)If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.
(3)“Prescribed” means prescribed in regulations made by the Secretary of State.
(4)The power to make regulations under this section is exercisable by statutory instrument.
(5)Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
Commencement Information
I2S. 165 partly in force; s. 165 not in force at Royal Assent see s. 170(4); s. 165 in force for certain purposes at 22.5.2000 by S.I. 2000/1282, art. 2, Sch.
I3S. 165 in force at 1.8.2003 in so far as not already in force by S.I. 2003/1862, art. 2
(1)Any power to make rules, regulations or orders conferred by this Act is exercisable by statutory instrument.
(2)But subsection (1) does not apply in relation to [F1orders made under section 90(1),] rules made under paragraph 1 of Schedule 5 or immigration rules.
(3)Any statutory instrument made as a result of subsection (1) may—
(a)contain such incidental, supplemental, consequential and transitional provision as the person making it considers appropriate;
(b)make different provision for different cases or descriptions of case; and
(c)make different provision for different areas.
(4)No order is to be made under—
(a)section 20,
(b)section 21,
(c)section 31(10),
(d)section 86(2),
(e)[F2section 96(5),]
(f)section 97(3),
(g)section 143(15), or
(h)paragraph 4 of Schedule 5,
unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(5)No regulations are to be made under—
[F3(za)section 4(5),]
(a)section 9,
(b)section 46(8);
(c)section 53, or
(d)section 144,
unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
(6)Any statutory instrument made under this Act, apart from one made—
(a)under any of the provisions mentioned in subsection (4) or (5), or
(b)under section 24(3) or 170(4) or (7),
shall be subject to annulment by a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 166(2) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 41(5), 48(3); S.I. 2004/2523, art. 2, Sch.
F2S. 166(4)(e) ceased to have effect (7.11.2002) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 61(b), 161, 162(1)(2), Sch. 9 (with s. 159)
F3S. 166(5)(za) inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 10(2), 48(3) (with s. 10(6)); S.I. 2004/2999, art. 2, Sch.
(1)In this Act—
“the 1971 Act” means the M3Immigration Act 1971;
“adjudicator” (except in Part VI) means an adjudicator appointed under section 57;
“Chief Adjudicator” means the person appointed as Chief Adjudicator under section 57(2);
“claim for asylum” (except in Parts V and VI and section 141) means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
“the Commission” means the Special Immigration Appeals Commission;
“country” includes any territory;
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;
“the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;
[F4“the Immigration Acts” has the meaning given by [F5section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004].]
“prescribed” means prescribed by regulations made by the Secretary of State;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
“voluntary organisations” means bodies (other than public or local authorities) whose activities are not carried on for profit.
(2)The following expressions have the same meaning as in the 1971 Act—
“certificate of entitlement”;
“entry clearance”;
“illegal entrant”;
“immigration officer”;
“immigration rules”;
“port”;
“United Kingdom passport”;
“work permit”.
Textual Amendments
F4Definition in s. 167(1) substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 158(4), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
F5Words in s. 167(1) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 44(4)(b), 48(3); S.I. 2004/2523, art. 2, Sch.
Marginal Citations
(1)There is to be paid out of money provided by Parliament—
(a)any expenditure incurred by the Secretary of State or the Lord Chancellor in consequence of this Act; and
(b)any increase attributable to this Act in the sums so payable by virtue of any other Act.
(2)Sums received by the Secretary of State under section 5, 32, 40, 112 or 113 or by the Lord Chancellor under section 48(4) or 49(4) must be paid into the Consolidated Fund.
(1)Schedule 14 makes minor and consequential amendments.
(2)Schedule 15 contains transitional provisions and savings.
(3)The enactments set out in Schedule 16 are repealed.
Commencement Information
I4S. 169 partly in force; s. 169 not in force at Royal Assent see s. 170(4); s. 169(1)(2) in force for certain purposes at 6.12.1999 by S.I. 1999/3190, art. 2, Sch.; s. 169 in force for certain purposes at 14.2.2000 by S.I 2000/168, art. 2, Sch. (with transitional provisions in art. 3); s. 169(1)(3) in force for certain purposes at 1.3.2000 and for certain further purposes at 3.4.2000 by S.I. 2000/464, art. 2, Sch.; s. 169(1) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; s. 169 in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2); s. 169(1)(3) in force for certain purposes at 1.1.2001 by S.I. 2000/2698, art. 2, Sch. (as amended by S.I. 2000/3099, art. 4) subject to the transitional provision in art. 3 (as inserted by art. 4 of the said S.I. 2000/3099); s. 169(1)(3) in force for certain purposes at 11.12.2000 by S.I 2000/3099, art. 2, Sch.
I5S. 169(1)(3) in force at 30.6.2003 for specified purposes by S.I. 2003/1469, art. 2, Sch.
(1)This Act may be cited as the Immigration and Asylum Act 1999.
(2)Subsections (1) and (2) of section 115 come into force on the day on which the first regulations made under Schedule 8 come into force.
(3)The following provisions come into force on the passing of this Act—
(a)section 4;
(b)section 9;
(c)section 15;
(d)section 27;
(e)section 31;
(f)section 94;
(g)section 95(13);
(h)section 99(4) and (5);
(i)sections 105 to 109;
(j)section 110(1), (2) and (8) (so far as relating to subsections (1) and (2));
(k)section 111;
(l)section 124;
(m)section 140;
(n)section 145;
(o)section 146(1);
(p)sections 166 to 168;
(q)this section;
(r)Schedule 9;
(s)paragraphs 62(2), 73, 78, 79, 81, 82, 87, 88 and 102 of Schedule 14;
(t)paragraphs 2 and 13 of Schedule 15.
(4)The other provisions of this Act, except section 10 and paragraph 12 of Schedule 15 (which come into force in accordance with section 9), come into force on such day as the Secretary of State may by order appoint.
(5)Different days may be appointed for different purposes.
(6)This Act extends to Northern Ireland.
(7)Her Majesty may by Order in Council direct that any of the provisions of this Act are to extend, with such modifications (if any) as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.
Subordinate Legislation Made
P1S. 170(4) power partly exercised: different dates appointed for specified provisions by S.I. 1999/3190, art. 2, Sch.
S. 170(4) power partly exercised: different dates appointed for specified provisions by S.I. 2000/168, art. 2, Sch. (with art. 3)
S. 170(4) power partly exercised: different dates appointed for specified provisions by S.I. 2000/464, art. 2, Sch.
S. 170(4) power partly exercised: 22.5.2000 appointed for specified provisions by S.I. 2000/1282, art. 2, Sch.
S. 170(4) power partly exercised: 1.8.2000 and 30.10.2000 appointed for specified provisions by S.I. 2000/1985, art. 2, Sch. (with art. 3)
S. 170(4) power partly exercised: different dates appointed for specified provisions by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2) (as amended by S.I. 2000/3099, art. 5)
S. 170(4) power partly exercised: 1.1.2001 appointed for specified provisions by S.I. 2000/2698, art. 2, Sch. (subject to art. 3) (as amended by S.I. 2000/3099, art. 4)
S. 170(4) power partly exercised: 11.12.2000 appointed for specified provisions by S.I. 2000/3099, art. 3, Sch.
S. 170(4) power partly exercised: different dates appointed for specified provisions by S.I. 2001/239, art. 2, Sch.
S. 170(4) power partly exercised: different dates appointed for specified provisions by S.I. 2001/1394, art. 2, Sch.
S. 170(4) power partly exercised: 8.12.2002 appointed for specified provisions by {S.I. 2002/2815}, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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: