Nationality, Immigration and Asylum Act 2002

6 Nationality decision: discrimination

(1) Section 19D of the Race Relations Act 1976 (c. 74) (discrimination by public authority: permitted cases) shall be amended as follows.

(2) In subsection (1) for “immigration and nationality functions” substitute “immigration functions”.

(3) For subsections (4) and (5) substitute—

“(4) In subsection (1) “immigration functions” means functions exercisable by virtue of any of the enactments mentioned in subsection (5).

(5) Those enactments are—

(a) the Immigration Acts (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002) excluding sections 28A to 28K of the Immigration Act 1971 (c. 77) so far as they relate to offences under Part III of that Act;

(b) the Special Immigration Appeals Commission Act 1997 (c. 68);

(c) provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to immigration or asylum; and

(d) any provision of Community law which relates to immigration or asylum.”

(4) Section 19E of the Race Relations Act 1976 (monitoring of use of section 19D) shall be amended as follows—

(a) in subsection (3)(a) for “immigration and nationality functions” substitute “immigration functions”, and

(b) omit subsection (7).

(5) In section 71A of that Act (general statutory duty: special cases)—

(a) in subsection (1) the words “(within the meaning of section 19D(1))” shall be omitted, and

(b) the following shall be inserted after subsection (1)—

“(1A) In subsection (1) “immigration and nationality functions” means functions exercisable by virtue of—

(a) the Immigration Acts (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002) excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act;

(b) the British Nationality Act 1981;

(c) the British Nationality (Falkland Islands) Act 1983 (c. 6);

(d) the British Nationality (Hong Kong) Act 1990 (c. 34);

(e) the Hong Kong (War Wives and Widows) Act 1996 (c. 41);

(f) the British Nationality (Hong Kong) Act 1997 (c. 20);

(g) the Special Immigration Appeals Commission Act 1997 (c. 68);

(h) provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to the subject matter of an enactment within any of paragraphs (a) to (g); or

(i) any provision of Community law which relates to the subject matter of an enactment within any of those paragraphs.”