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SCHEDULES

SCHEDULE 9Transitional and consequential provision

PART 1Provision relating to removal

Immigration Act 1971 (c. 77)

1In 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)

2In 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)

3(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)

4In 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)

5In the Immigration, Asylum and Nationality Act 2006, section 47 (removal of persons with statutorily extended leave) is repealed.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

6In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in paragraph 19(10), in the definition of “removal directions”, omit paragraph (e).

Consequential repeals

7The provisions shown in the table below are repealed in consequence of the amendments made by section 1 and this Part of this Schedule.

TitleExtent of repeal
Nationality, Immigration and Asylum Act 2002Section 73(2) to (4).
Section 74.
Section 75(4).
Section 76(7).
Immigration, Asylum and Nationality Act 2006Section 48.
Crime and Courts Act 2013Section 51(3).
Immigration Act 2014In Schedule 1, paragraph 2(3) and (4).