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Immigration and Asylum Act 1999
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Changes over time for: Section 32A
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Changes to legislation:
Immigration and Asylum Act 1999, Section 32A is up to date with all changes known to be in force on or before 26 December 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 to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 32A:
- s. 10(12) inserted by 2023 c. 37 s. 10(6)
- s. 40(1)-(1C) substituted for s. 40(1) by 2022 c. 36 s. 76(2)
- s. 40(4A)(4B) inserted by 2022 c. 36 s. 76(5)
- s. 72(10) repealed by 2004 c. 19 Sch. 4
- s. 94(2A)-(2C) inserted by 2016 c. 19 Sch. 11 para. 3(3)
- s. 94(2D) inserted by 2016 c. 19 Sch. 11 para. 7(4)
- s. 94(3)(3A) substituted for s. 94(3) by 2002 c. 41 s. 44(4) (This amendment is repealed (prosp.) by 2016 c. 19, Sch. 11 para. 41)
- s. 94(3A)-(3D) inserted by 2016 c. 19 Sch. 11 para. 3(5)
- s. 95A inserted by 2016 c. 19 Sch. 11 para. 9
- s. 96(1A) inserted by 2016 c. 19 Sch. 11 para. 10(3)
- s. 97(3A)(b)(iv) inserted by 2022 c. 36 s. 13(2)(c)(ii)
- s. 97(8)(9) inserted by 2016 c. 19 Sch. 11 para. 11(4)
- s. 98A inserted by 2016 c. 19 Sch. 11 para. 13
- s. 98A(5) inserted by 2022 c. 36 s. 13(4)
- s. 125(2)(ba) inserted by 2016 c. 19 Sch. 11 para. 22(3)(b)
- s. 146(2)(za) inserted by 2016 c. 19 s. 44(9)
- s. 166(5)(ca) substituted for word in s. 166(5)(c) by 2016 c. 19 Sch. 11 para. 24(2)
- s. 166(5A)(5B) inserted by 2016 c. 19 Sch. 11 para. 24(3)
- s. 166(6)(aa) substituted for word in s. 166(6)(a) by 2016 c. 19 Sch. 11 para. 24(4)
- Sch. 2 para. 21 modified by 2002 c. 41 s. 23(2)(a)
- Sch. 3 para. 2(5) modified by 2002 c. 41 s. 23(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 10(12) inserted by 2023 c. 37 s. 10(6)
- s. 40(1)-(1C) substituted for s. 40(1) by 2022 c. 36 s. 76(2)
- s. 40(4A)(4B) inserted by 2022 c. 36 s. 76(5)
- s. 72(10) repealed by 2004 c. 19 Sch. 4
- s. 94(2A)-(2C) inserted by 2016 c. 19 Sch. 11 para. 3(3)
- s. 94(2D) inserted by 2016 c. 19 Sch. 11 para. 7(4)
- s. 94(3)(3A) substituted for s. 94(3) by 2002 c. 41 s. 44(4) (This amendment is repealed (prosp.) by 2016 c. 19, Sch. 11 para. 41)
- s. 94(3A)-(3D) inserted by 2016 c. 19 Sch. 11 para. 3(5)
- s. 95A inserted by 2016 c. 19 Sch. 11 para. 9
- s. 96(1A) inserted by 2016 c. 19 Sch. 11 para. 10(3)
- s. 97(3A)(b)(iv) inserted by 2022 c. 36 s. 13(2)(c)(ii)
- s. 97(8)(9) inserted by 2016 c. 19 Sch. 11 para. 11(4)
- s. 98A inserted by 2016 c. 19 Sch. 11 para. 13
- s. 98A(5) inserted by 2022 c. 36 s. 13(4)
- s. 125(2)(ba) inserted by 2016 c. 19 Sch. 11 para. 22(3)(b)
- s. 146(2)(za) inserted by 2016 c. 19 s. 44(9)
- s. 166(5)(ca) substituted for word in s. 166(5)(c) by 2016 c. 19 Sch. 11 para. 24(2)
- s. 166(5A)(5B) inserted by 2016 c. 19 Sch. 11 para. 24(3)
- s. 166(6)(aa) substituted for word in s. 166(6)(a) by 2016 c. 19 Sch. 11 para. 24(4)
- Sch. 2 para. 21 modified by 2002 c. 41 s. 23(2)(a)
- Sch. 3 para. 2(5) modified by 2002 c. 41 s. 23(2)(b)
[F132A Level of penalty: code of practiceU.K.
This section has no associated Explanatory Notes
(1)The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32.
[F2(A1)The Secretary of State must issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 31A.
(B1)The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—
(a)when imposing a penalty under section 31A, and
(b)when considering a notice of objection under section 35(4) in relation to a penalty under section 31A.]
(2)The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—
(a)when imposing a penalty under section 32, and
(b)when considering a notice of objection under section 35(4) [F3in relation to a penalty under section 32] .
(3)Before issuing [F4the code] [F4a code under this section] the Secretary of State shall lay a draft before Parliament.
(4)After laying [F5the draft code] [F5a draft code] before Parliament the Secretary of State may bring the code into operation by order.
(5)The Secretary of State may from time to time revise the whole or any part of [F6the code] [F6a code under this section] and issue the code as revised.
(6)Subsections (3) and (4) also apply to a revision or proposed revision of [F7the code] [F7a code].]
Textual Amendments
F1S. 32A inserted (14.11.2002 for specified purposes, 8.12.2002 for specified purposes, 11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 125, 162(1), Sch. 8 para. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4), S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)
F2S. 32A(A1)(B1) inserted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 5(2); S.I. 2023/33, reg. 2(1)(c)(i)(2) (with reg. 4)
F3Words in s. 32A(2)(b) inserted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 5(3); S.I. 2023/33, reg. 2(1)(c)(i)(2) (with reg. 4)
F4Words in s. 32A(3) substituted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 5(4); S.I. 2023/33, reg. 2(1)(c)(i)(2) (with reg. 4)
F5Words in s. 32A(4) substituted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 5(5); S.I. 2023/33, reg. 2(1)(c)(i)(2) (with reg. 4)
F6Words in s. 32A(5) substituted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 5(6); S.I. 2023/33, reg. 2(1)(c)(i)(2) (with reg. 4)
F7Words in s. 32A(6) substituted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 5(7); S.I. 2023/33, reg. 2(1)(c)(i)(2) (with reg. 4)
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