SCHEDULES
SCHEDULE 2Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1Consequential Amendments
Immigration Act 1971 (c. 77)
I11
1
Schedule 2 to the Immigration Act 1971 (control on entry) shall be amended as follows.
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph 24(3) for “An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above” substitute “
Where a person is brought before the Asylum and Immigration Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff
”
.
4
In paragraph 29—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in sub-paragraph (3)—
F4i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
for “that or any other adjudicator” substitute “
the Tribunal
”
,
iii
omit the words from “and where an adjudicator dismisses” to the end,
c
omit sub-paragraph (4), and
d
in sub-paragraph (6)—
F5i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
for “the adjudicator or Tribunal” substitute “
the Tribunal
”
, and
iii
for “the adjudicator or the Tribunal” substitute “
the Tribunal
”
.
5
In paragraphs 30, 31, 32 and 33—
a
for “an adjudicator and the Tribunal” substitute “
the Tribunal
”
,
b
for “an adjudicator or the Tribunal” substitute “
the Tribunal
”
,
c
for “the adjudicator or the Tribunal, as the case may be” substitute “
the Tribunal
”
,
d
for “the adjudicator or Tribunal” substitute “
the Tribunal
”
,
e
for “the adjudicator or the Tribunal” substitute “
the Tribunal
”
,
f
for “an adjudicator or Tribunal” substitute “
the Tribunal
”
, and
g
for “before an adjudicator or before the Tribunal” substitute “
before the Tribunal
”
.
6
In paragraph 33—
a
in sub-paragraph (2)(a) for “before an adjudicator” substitute “
before the Tribunal
”
,
b
in sub-paragraph (2)(b) for “before that adjudicator or before the Tribunal, as the case may be” substitute “
before it
”
, and
c
in sub-paragraph (3) for “An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above” substitute “
Where a person is brought before the Asylum and Immigration Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff
”
.
House of Commons Disqualification Act 1975 (c. 24)
I22
1
Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Part III omit the entry relating to immigration adjudicators.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I33
1
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) shall be amended as follows.
F92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Part III omit the entry relating to immigration adjudicators.
British Nationality Act 1981 (c. 61)
I44
In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal)—
F10a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
for subsections (3) to (5) substitute—
3
The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82 or 83 of that Act—
a
section 87 (successful appeal: direction) (for which purpose a direction may, in particular, provide for an order under section 40 above to be treated as having had no effect),
b
sections 103A to 103E (review and appeal),
c
section 106 (rules), and
d
section 107 (practice directions).
c
omit subsections (6) to (8).
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
I55
1
For paragraph 6A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Part II of that Order) substitute—
6A
Proceedings before the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission.
2
The amendment made by sub-paragraph (1) is without prejudice to any power to amend or revoke the provision inserted by that sub-paragraph.
Courts and Legal Services Act 1990 (c. 41)
F116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tribunals and Inquiries Act 1992 (c. 53)
I67
1
The Tribunals and Inquiries Act 1992 shall be amended as follows.
2
In section 7 (dismissal) omit subsection (3).
F123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial Pensions and Retirement Act 1993 (c. 8)
F138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Asylum and Immigration Appeals Act 1993 (c. 23)
I79
Section 9A of the Asylum and Immigration Appeals Act 1993 (bail) shall cease to have effect.
Special Immigration Appeals Commission Act 1997 (c. 68)
I810
The Special Immigration Appeals Commission Act 1997 shall be amended as follows.
I911
At the end of section 2B (deprivation of citizenship) insert “
(and section 40A(3)(a) shall have effect in relation to appeals under this section).
”
I1012
1
In Schedule 1 (constitution, &c.) for paragraph 5(b) substitute—
b
at least one is or has been a legally qualified member of the Asylum and Immigration Tribunal.
2
A person is qualified for the purposes of paragraph 5(b) of that Schedule as it has effect after the commencement of sub-paragraph (1) above if he is qualified for the purposes of paragraph 5(b) as it had effect at any time since its commencement.
I1113
1
Schedule 3 (bail) shall be amended as follows.
2
In paragraph 1(2) for “ “adjudicator”” substitute
Tribunal
F143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F148
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
In paragraph 6(2)(a) for “ “an adjudicator or the Tribunal”” substitute
the Tribunal
11
In paragraph 6(2)(b) for “ “the adjudicator or the Tribunal, as the case may be,”” substitute
the Tribunal
12
In paragraph 6(2)(c) for “ “the adjudicator or Tribunal”” substitute
the Tribunal
13
In paragraph 6(3)(a) for “ “an adjudicator or the Tribunal”” substitute
the Tribunal
14
In paragraph 6(3)(b) for “ “the adjudicator or Tribunal”” substitute
the Tribunal
15
In paragraph 7(a) for “ “an adjudicator or the Tribunal”” substitute
the Tribunal
16
In paragraph 7(b) for “ “the adjudicator or Tribunal”” substitute
the Tribunal
17
In paragraph 7(c) for “ “the adjudicator or the Tribunal”” substitute
the Tribunal
Access to Justice Act 1999 (c. 22)
F1514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Immigration and Asylum Act 1999 (c. 33)
F1615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nationality, Immigration and Asylum Act 2002 (c. 41)
I1216
The Nationality, Immigration and Asylum Act 2002 shall be amended as follows.
I1317
In section 72(10)(serious criminal) omit “adjudicator,”.
I1418
1
In the provisions listed in sub-paragraph (2)—
a
for “an adjudicator” substitute “
the Tribunal
”
,
b
for “the adjudicator” substitute “
the Tribunal
”
,
c
for “he” in relation to an adjudicator substitute “
it
”
,
d
for “him” in relation to an adjudicator substitute “
it
”
, and
e
for “his” in relation to an adjudicator substitute “
its
”
.
2
The provisions are—
a
section 85 (matters to be considered),
b
section 86 (determination of appeal), and
c
section 87 (successful appeal: direction).
I1519
In section 87—
F17a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in subsection (4) for “as part of the determination of the appeal for the purposes of section 101” substitute “
as part of the Tribunal’s decision on the appeal for the purposes of section 103A
”
.
I1620
In section 104 (pending appeal)—
F18a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit subsection (3)(remittal to adjudicator).
F1921
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1722
1
In section 107 (practice directions)—
F6a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit subsection (2), and
F7c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1823
In section 108 (forged document: proceedings in private)—
a
in subsection (1)(a) for “, 83 or 101” substitute “
or 83
”
, and
b
in subsection (2) for “The adjudicator or the Immigration Appeal Tribunal” substitute “
The Tribunal
”
.
F2024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
I1925
1
For paragraph 2(i) of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) substitute—
i
proceedings before the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission,
2
The amendment made by sub-paragraph (1) is without prejudice to any power to amend or revoke the provision inserted by that sub-paragraph.
Part 2Transitional Provision
I2026
In this Part “commencement” means the coming into force of section 26.
I2127
A person who immediately before commencement is, or is to be treated as, an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals) (as it has effect before commencement) shall be treated as having been appointed as a member of the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to that Act (as it has effect after commencement) immediately after commencement.
I2228
Where immediately before commencement a person is a member of the Immigration Appeal Tribunal—
a
he shall be treated as having been appointed as a member of the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to that Act immediately after commencement, and
b
if he was a legally qualified member of the Immigration Appeal Tribunal (within the meaning of Schedule 5 to that Act) he shall be treated as having been appointed as a legally qualified member of the Asylum and Immigration Tribunal.
I2329
A person who immediately before commencement is a member of staff of adjudicators appointed or treated as appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) or of the Immigration Appeal Tribunal shall be treated as having been appointed as a member of the staff of the Asylum and Immigration Tribunal under paragraph 9 of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 immediately after commencement.
F2130
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .