Immigration Act 2014

PART 7 U.K. Final provisions

72 Financial provision U.K.

The following are to be paid out of money provided by Parliament—

(a) expenditure incurred under or by virtue of this Act by the Secretary of State, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

73 Transitional and consequential provision U.K.

(1) The Secretary of State may, by order, make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

(2) The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of this Act.

(3) The provision that may be made by an order under subsection (2) includes provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(5) In section 61(2) of the UK Borders Act 2007 (definition of “the Immigration Acts”)—

(a) at the end of paragraph (h), omit “and”;

(b) at the end of paragraph (i) insert “, and

(j) the Immigration Act 2014.”.

(6) Schedule 9 (transitional and consequential provision) has effect.

Modifications etc. (not altering text)

C1 S. 73(6) extended (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2015 (S.I. 2015/1532), arts. 1(1), 2(2)(3), Sch. 2 (with art. 2(3))

C2 S. 73(6) extended (with modifications) to Guernsey (coming into force in accordance with art. 1 of the amending S.I.) by The Immigration (Guernsey) Order 2015 (S.I. 2015/1533), arts. 1, 5, Sch. 2 (with art. 6)

C3 S. 73(6) extended (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 4(d)

Commencement Information

I1 S. 73 partly in force; S. 73(1)-(5) in force at Royal Assent, see s.75(1)(3)

I2 S. 73(6) in force at 14.7.2014 for specified purposes by S.I. 2014/1820, art. 2(f)

I3 S. 73(6) in force at 28.7.2014 for specified purposes by S.I. 2014/1820, art. 3(x)

I4 S. 73(6) in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 4(d)

I5 S. 73(6) in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 2(d) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

I6 S. 73(6) in force at 17.11.2014 for specified purposes by S.I. 2014/2771, art. 5(b)

I7 S. 73(6) in force at 15.12.2014 for specified purposes by S.I. 2014/2771, art. 8(c)

I8 S. 73(6) in force at 1.3.2015 for specified purposes by S.I. 2015/371, art. 2(1)(k)

I9 S. 73(6) in force at 1.3.2015 for specified purposes by S.I. 2015/371, art. 3(a)

I10 S. 73(6) in force at 6.4.2015 for specified purposes by S.I. 2015/874, art. 2(b)

I11 S. 73(6) in force at 1.7.2021 for specified purposes by S.I. 2021/771, reg. 2(a)

74 Orders and regulations U.K.

(1) Any power of the Secretary of State or Treasury to make an order or regulations under this Act is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House of Parliament—

(a) an order under section 20(7), 23(6) or 25(5);

(b) an order under section 38;

[F1 (ba) regulations under section 40A(4);

(bb) regulations under section 40B;]

(c) regulations under section 41;

(d) an order under section 43, or under a section amended by such an order;

(e) the first regulations under section 50(1);

(f) the first regulations under section 50(5);

(g) the first regulations under section 51(3);

(h) the first regulations under section 51(4);

(i) an order under section 53 or 54(4) or (6);

(j) a fees order (within the meaning of section 68);

[F2 (ja) regulations under section 70A;]

(k) an order under section 73(2) which amends or repeals primary legislation;

(l) an order under paragraph 2(3)(e) of Schedule 6.

(3) “Primary legislation” means any of the following—

(a) a public general Act;

(b) an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

(4) A statutory instrument containing any other order or regulations made by the Secretary of State or Treasury under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) But subsection (4) does not apply to a statutory instrument containing an order under any of sections 35(3), 73(1) and 75(3) (subject to subsection (7)).

(6) Subsection (7) applies if an order under section 75(3) is made which—

(a) brings into force a provision of Chapter 1 of Part 3,

(b) brings that provision into force only in relation to a particular area or areas within England and Wales, Scotland or Northern Ireland, and

(c) is the first order to be made bringing into force a provision of that Chapter only in relation to an area or areas within England and Wales, Scotland or Northern Ireland.

(7) A statutory instrument containing any subsequent order under section 75(3) (after the order mentioned in subsection (6)) that brings into force a provision of Chapter 1 of Part 3 for anywhere other than the area or areas mentioned in paragraph (b) of that subsection is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) An order or regulations made by the Secretary of State or Treasury under this Act may—

(a) make different provision for different purposes or areas,

(b) make provision which applies generally or only for particular purposes or areas,

(c) make transitional, transitory or saving provision, or

(d) make incidental, supplementary or consequential provision.

Textual Amendments

F1 S. 74(2)(ba)(bb) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 6; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F2 S. 74(2)(ja) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(3), 94(4)

75 Commencement U.K.

(1) This Part, other than section 73(6) and Schedule 9, comes into force on the day on which this Act is passed.

(2) Section 56, section 59 and Schedule 6, and section 62 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) Subject to subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or areas.

76 Extent U.K.

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) Subsection (1) is subject to subsection (3).

(3) Section 59 and Schedule 6 extend to England and Wales only.

(4) Subsections (1) to (3) do not apply to an amendment, repeal or revocation made by this Act.

(5) An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council).

(6) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

(7) Subsection (6) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (5).

Modifications etc. (not altering text)

C4 S. 76(6) power to extend (with modifications) to the Channel Islands or the Isle of Man any amendments or repeals made to this Act by the Immigration Act 2016 to which this section relates (12.5.2016) by Immigration Act 2016 (c. 19), ss. 94(5), 95(6)(7)(i)

C5 S. 76(6) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(l), 87(3)(c)

77 Short title U.K.

This Act may be cited as the Immigration Act 2014.

Modifications etc. (not altering text)

C6 S. 77 extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2

C7 S. 77 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 5, Sch. 4, Sch. 4A