The Immigration (Designation of Travel Bans) (Amendment) Order 2005

Statutory Instruments

2005 No. 3310

IMMIGRATION

The Immigration (Designation of Travel Bans) (Amendment) Order 2005

Made

1st December 2005

Laid before Parliament

5th December 2005

Coming into force

6th December 2005

The Secretary of State, in exercise of the powers conferred upon him by section 8B(5) of the Immigration Act 1971(1), makes the following Order:

1.  This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2005 and shall come into force on 6th December 2005.

2.  For the Schedule to the Immigration (Designation of Travel Bans) Order 2000(2) there shall be substituted the Schedule set out in the Schedule to this Order.

3.  The Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2003(3) and the Immigration (Designation of Travel Bans) (Amendment) Order 2004(4) are revoked.

Tony McNulty

Minister of State

Home Office

1st December 2005

THE SCHEDULE Schedule substituted for the Schedule to the Immigration (Designation of Travel Bans) Order 2000

Article 2

“SCHEDULE Designated Instruments

PART 1 Resolutions of the Security Council of the United Nations

• Resolution 1390 (2002) of 16th January 2002 (Al Qa'ida and the Taliban).

• Resolution 1617 (2005) of 29th July 2005 (Al Qa'ida and the Taliban).

• Resolution 1572 (2004) of 15th November 2004 (Côte d'Ivoire).

• Resolution 1596 (2005) of 18th April 2005 (Democratic Republic of the Congo).

• Resolution 1521 (2003) of 22nd December 2003 (Liberia) renewed by Resolution 1579 (2004) of 21st December 2004 (Liberia).

• Resolution 1171 (1998) of 5th June 1998 (Sierra Leone).

• Resolution 1591 (2005) of 29th March 2005 (Sudan).

• Resolution 1636 (2005) of 31st October 2005 (Syria and the Lebanon).

PART 2 Instruments made by the Council of the European Union

• Common Position 2002/402/CFSP of 27th May 2002 (Al Qa'ida and the Taliban)(5).

• Common Position 2004/661/CFSP of 24th September 2004 (Belarus)(6) as amended by Common Position 2004/848/CFSP of 13th December 2004 (Belarus)(7) and extended by Common Position 2005/666/CFSP of 20th September 2005 (Belarus)(8).

• Common Position 97/193/CFSP of 17th March 1997 (Bosnia-Herzegovina)(9).

• Common Position 2004/423/CFSP of 26th April 2004 (Burma)(10) as amended by Common Position 2004/730/CFSP of 25th October 2004 (Burma)(11) and Common Position 2005/340/CFSP of 25th April 2005 (Burma)(12).

• Common Position 2004/852/CFSP of 13th December 2004 (Côte d'Ivoire)(13).

• Common Position 2005/440/CFSP of 13th June 2005 (Democratic Republic of Congo)(14).

• Common Position 98/240/CFSP of 19th March 1998 (Federal Republic of Yugoslavia)(15).

• Common Position 1999/318/CFSP of 10th May 1999 (Federal Republic of Yugoslavia)(16) as amended by Common Position 2000/56/CFSP of 24th January 2000 (Federal Republic of Yugoslavia)(17).

• Common Position 2000/696/CFSP of 10th November 2000 (Federal Republic of Yugoslavia)(18) as amended by Common Position 2001/155/CFSP of 26th February 2001 (Federal Republic of Yugoslavia)(19).

• Common Position 2004/133/CFSP of 10th February 2004 (Former Yugoslav Republic of Macedonia)(20) as amended by Common Position 2005/80/CFSP of 31st January 2005 (Former Yugoslav Republic of Macedonia)(21).

• Common Position 2004/293/CFSP of 30th March 2004 (International Criminal Tribunal for the former Yugoslavia)(22) as implemented by Decision 2005/83/CFSP of 31st January 2005 (International Criminal Tribunal for the former Yugoslavia)(23) and renewed by Common Position 2005/227/CFSP of 16th March 2005 (International Criminal Tribunal for the former Yugoslavia)(24).

• Common Position 2004/137/CFSP of 10th February 2004 (Liberia)(25) as amended by Common Position 2004/902/CFSP of 22nd December 2004 (Liberia)(26).

• Common Position 2004/179/CFSP of 23rd February 2004 (Moldovan Republic)(27) as amended by Common Position 2004/622/CFSP of 26th August 2004 (Moldovan Republic)(28) and Common Position 2005/147/CFSP of 21st February 2005 (Moldovan Republic)(29).

• Common Position 98/409/CFSP of 29th June 1998 (Sierra Leone)(30).

• Common Position 2005/411/CFSP of 30th May 2005 (Sudan)(31).

• Common Position 2005/792/CFSP of 14th November 2005 (Uzbekistan)(32).

• Common Position 2004/161/CFSP of 19th February 2004 (Zimbabwe)(33) as extended by Common Position 2005/146/CFSP of 21st February 2005 (Zimbabwe)(34) and implemented by Decision 2005/592/CFSP of 29th July 2005 (Zimbabwe)(35).”.

Explanatory Note

(This note is not part of the Order)

This Order amends the Immigration (Designation of Travel Bans) Order 2000 (“the 2000 Order”) by substituting the Schedule set out in the Schedule to this Order for the Schedule to the 2000 Order (which was last substituted by the Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2003 and amended by the Immigration (Designation of Travel Bans) (Amendment) Order 2004). Any person named by or under a designated instrument, or of a description specified therein, as listed in the new Schedule will be excluded from the United Kingdom (subject to the exceptions specified in article 3 of the 2000 Order).

The effect of substituting the Schedule set out in the Schedule to this Order for the Schedule to the 2000 Order is to add to, and delete from, the list of designated instruments, and to make some minor technical amendments to the list.

The additions in Part 1 of the Schedule are UN Resolution 1617 (2005) of 29th July 2005 (Al Qa'ida and the Taliban), UN Resolution 1572 (2004) of 15th November 2004 (Côte d'Ivoire), UN Resolution 1596 (2005) of 18th April 2005 (Democratic Republic of the Congo), UN Resolution 1579 (2004) of 21st December 2004 (Liberia), UN Resolution 1591 (2005) of 29th March 2005 (Sudan), UN Resolution 1636 (2005) of 31st October 2005 (Syria and the Lebanon).

The additions in Part 2 of the Schedule are Common Position 2004/848/CFSP of 13th December 2004 (Belarus), Common Position 2005/666/CFSP of 20th September 2005 (Belarus), Common Position 2005/340/CFSP of 25th April 2005 (Burma), Common Position 2004/852/CFSP of 13th December 2004 (Côte d'Ivoire), Common Position 2005/440/CFSP of 13th June 2005 (Democratic Republic of Congo), Common Position 2005/80/CFSP of 31st January 2005 (Former Yugoslav Republic of Macedonia), Decision 2005/83/CFSP of 31st January 2005 (International Criminal Tribunal for the former Yugoslavia), Common Position 2005/227/CFSP of 16th March 2005 (International Criminal Tribunal for the former Yugoslavia), Common Position 2004/902/CFSP of 22nd December 2004 (Liberia), Common Position 2005/147/CFSP of 21st February 2005 (Moldovan Republic), Common Position 2005/411/CFSP of 30th May 2005 (Sudan), Common Position 2005/792/CFSP of 14th November 2005 (Uzbekistan), Common Position 2005/146/CFSP of 21st February 2005 (Zimbabwe) and Decision 2005/592/CFSP of 29th July 2005 (Zimbabwe).

There are two deletions which are Common Position [sic] 2004/528/CFSP of 28th June 2004 (International Criminal Tribunal of the former Yugoslavia) and Resolution 1455 (2003) of 17th January 2003 (Al Qa'ida and the Taliban).

Article 3 of this Order revokes Orders which are replaced by the amendment made by the Schedule to this Order.

(1)

1971 c. 77. Section 8B was inserted by section 8 of the Immigration and Asylum Act 1999 (c. 33).

(2)

S.I. 2000/2724. The Schedule to the Order was substituted by S.I. 2003/3285 and amended by S.I. 2004/3316.

(3)

S.I. 2003/3285

(4)

S.I. 2004/3316

(5)

OJ No. L139. 29.05.02, p4.

(6)

OJ No. L301. 28.09.04, p67.

(7)

OJ No. L367. 14.12.04, p35.

(8)

OJ No. L247. 23.09.05, p40.

(9)

OJ No. L81. 21.03.97, p1.

(10)

OJ No. L125. 28.04.04, p61.

(11)

OJ No. L323. 26.10.04, p17.

(12)

OJ No. L108. 29.04.05, p88.

(13)

OJ No. L368. 15.12.04, p50.

(14)

OJ No. L152. 15.06.05, p22.

(15)

OJ No. L95. 27.03.98, p1. Note, Common Position 98/240/CFSP qualified by Common Position 2000/696/CFSP as amended by 2001/155/CFSP.

(16)

OJ No. L123. 13.05.99, p1. Note, Common Position 1999/318/CFSP qualified by Common Position 2000/696/CFSP as amended by 2001/155/CFSP.

(17)

OJ No. L21. 26.01.00, p4.

(18)

OJ No. L287. 14.11.00, p1.

(19)

OJ No. L57. 27.02.01, p3.

(20)

OJ No. L39. 11.02.04, p19.

(21)

OJ No. L29. 02.02.05, p45.

(22)

OJ No. L94. 31.03.04, p65.

(23)

OJ No. L29. 02.02.05, p50.

(24)

OJ No. L71. 17.03.05, p74.

(25)

OJ No. L40. 12.02.04, p35.

(26)

OJ No. L379. 24.12.04, p113.

(27)

OJ No. L55. 24.02.04, p68.

(28)

OJ No. L279. 28.08.04, p47.

(29)

OJ No. L49. 22.02.05, p31.

(30)

OJ No. L187. 01.07.98, p1.

(31)

OJ No. L139. 02.06.05, p25.

(32)

OJ No. L299. 16.11.05, p72.

(33)

OJ No. L50. 20.02.04, p66.

(34)

OJ No. L49. 22.02.05, p30.

(35)

OJ No. L200. 30.07.05, p98.