This Order may be cited as the UK Borders Act 2007 (Commencement No. 3 and Transitional Provisions) Order 2008.
Made
The Secretary of State makes the following Order in exercise of the powers conferred by section 59(2) to (4) of the UK Borders Act 2007
This Order may be cited as the UK Borders Act 2007 (Commencement No. 3 and Transitional Provisions) Order 2008.
The following provisions of the UK Borders Act 2007 shall come into force on 1st August 2008—
the provisions set out in the Schedule to this Order in respect of a person to whom Condition 1 (within the meaning of section 32 of that Act) applies; and
section 39 (consequential amendments).
Subject to paragraph (2), section 32 applies, to the extent to which it is commenced in article 2(a), to persons convicted before the passing of that Act who are in custody at the time of commencement or whose sentences are suspended at the time of commencement.
Paragraph (1) does not apply to a person who has been served with a notice of a decision to make a deportation order under section 5 of the Immigration Act 1971
Section |
---|
Section 32 (automatic deportation) |
Section 33 (exceptions) |
Section 34 (timing) |
Section 35 (appeal) |
Section 36 (detention) |
Section 37 (family) |
Section 38 (interpretation) |
(This note is not part of the Regulations)
This Order brings into force the automatic deportation provisions of the UK Borders Act 2007 to the extent specified in the Order. The provisions set out in the Schedule (sections 32 to 38 and section 39 (interpretation)) shall come into force on the 1st August 2008 in respect of a person to whom Condition 1 in section 32 applies. This means that the automatic deportation provisions are commenced in respect of those foreign criminals who have been sentenced to a period of imprisonment of at least 12 months. Section 32 is subject to the transitional provision in article 3 which applies section 32 (as commenced) to those in custody at the time of commencement or whose sentences are suspended. This is provided such a person has not been served with a notice of a decision to make a deportation order under section 5 of the Immigration Act 1971 before commencement.
(This note is not part of the Order)
The following provisions of the UK Borders Act 2007 have been brought into force by commencement order made before the date of this Order. Provision Date of Commencement S.I.No. Sections 1 to 4 (detention at ports) 31.01.2008 Sections 5 to 8 (biometric registration) 31.01.2008 Section 10 (biometric registration: objection to penalty) (partially) 31.01.2008 Section 11 (biometric registration: appeal in respect of penalty) (partially) 31.01.2008 Section 13 (biometric registration: code of practice regarding penalty) (partially) 31.01.2008 Sections 14 and 15 (biometric registration: prescribed matters and interpretation) 31.01.2008 Section 16 (conditional leave to enter or remain) 31.01.2008 Section 18 (support for asylum-seekers: enforcement) 31.01.2008 Section 20 (fees) 31.01.2008 Sections 22 and 23 (assaulting an immigration officer: offence and power of arrest) 31.01.2008 Section 25 (forfeiture of detained property) 29.02.2008 Section 26 (disposal of property) 31.01.2008 and 01.04.2008 Sections 27 and 28 (employment: arrest and search for personnel records) 29.02.2008 Sections 29 to 31 (facilitation and trafficking) 31.01.2008 Sections 40 to 43 (supply and wrongful disclosure of information) 31.01.2008 Sections 44 to 47 (search for evidence of nationality and seizure of nationality documents) 29.02.2008 Sections 48 to 50 (Border and Immigration Inspectorate: appointment, office and reports) 01.04.2008 Section 51 (Border and Immigration Inspectorate: plans) (partially) 01.04.2008 Sections 52 and 53 (Border and Immigration Inspectorate: relationship with other bodies) (partially) 01.04.2008 Section 54 (Border and Immigration Inspectorate: abolition of other bodies) 01.04.2008 Section 55 (Border and Immigration Inspectorate: prescribed matters) 01.04.2008 Section 56 (Border and Immigration Inspectorate: Senior President of Tribunals) 01.04.2008 Schedule 31.01.2008 and 01.04.2008