SCHEDULES

C2C1SCHEDULE 9Transitional and consequential provision

Annotations:
Modifications etc. (not altering text)
C2

Sch. 9 extended in part (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), Sch. 2 (with art. 2(3))

C1

Sch. 9 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)

PART 1Provision relating to removal

Immigration Act 1971 (c. 77)

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In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc), in paragraph 11, after “immigration officer” insert “ or the Secretary of State ”.

Special Immigration Appeals Commission Act 1997 (c. 68)

I12

In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals), in subsection (2), after paragraph (c) insert—

ca

section 78A of that Act (restriction on removal of children and their parents),

Nationality, Immigration and Asylum Act 2002 (c. 41)

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1

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

2

In section 62 (detention by Secretary of State)—

a

in subsection (1)—

i

in paragraph (a), after “under” insert “ section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or ”;

ii

in paragraph (b), for “paragraphs” substitute “ provisions ”;

b

in subsection (2), for “that Act” substitute “ the Immigration Act 1971 ”;

c

omit subsections (5) and (6).

3

In section 76 (revocation of leave to enter or remain)—

a

in subsection (2), omit paragraphs (b) and (c);

b

in subsection (4), omit the definition of “removed”.

Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19)

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In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant's credibility; definitions), in paragraph (d) of the definition of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.

Immigration, Asylum and Nationality Act 2006 (c. 13)

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In the Immigration, Asylum and Nationality Act 2006, section 47 (removal of persons with statutorily extended leave) is repealed.

Consequential repeals

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The provisions shown in the table below are repealed in consequence of the amendments made by section 1 and this Part of this Schedule.

Title

Extent of repeal

Nationality, Immigration and Asylum Act 2002

Section 73(2) to (4).

Section 74.

Section 75(4).

Section 76(7).

Immigration, Asylum and Nationality Act 2006

Section 48.

Crime and Courts Act 2013

Section 51(3).

Immigration Act 2014

In Schedule 1, paragraph 2(3) and (4).