Nationality, Immigration and Asylum Act 2002

“rail freight wagon” means— (a) any rolling stock, other than a locomotive, which forms part of a freight train, or (b) a freight shuttle wagon, and for the purpose of this definition, “rolling stock” and “locomotive” have the meanings given by section 83 of the Railways Act 1993 (c.43);

,

• (f) after the definition of “ship” insert—

“shuttle-train” has the meaning given by section 1(9) of the Channel Tunnel Act 1987 (c. 53);

,

• (g) in the definition of “transporter” for “or aircraft” substitute “ , aircraft or rail freight wagon ”, and

• (h) at the end insert—

(2) A reference in this Part to “the court” is a reference— (a) in England and Wales, to a county court, (b) in Scotland, to the sheriff, and (c) in Northern Ireland, to a county court. (3) But— (a) a county court may transfer proceedings under this Part to the High Court, and (b) the sheriff may transfer proceedings under this Part to the Court of Session.

16

• (1) Schedule 1 (sale of transporter) shall be amended as follows.

• (2) In paragraph 1(2)(a) omit “or charge”.

• (3) After paragraph 2 insert—

(2A) Where the owner of a transporter is a party to an application for leave to sell it, in determining whether to give leave the court shall consider— (a) the extent of any hardship likely to be caused by sale, (b) the extent (if any) to which the owner is responsible for the matters in respect of which the penalty notice was issued, and (c) any other matter which appears to the court to be relevant (whether specific to the circumstances of the case or of a general nature).

• (4) In paragraph 5(1) omit “or 42”.

• (5) In paragraph 5(2)(d) omit “or charge”.

17

• (1) This paragraph applies to a code of practice which—

• (a) has effect, before the coming into force of paragraph 12 of this Schedule, by virtue of sections 33 and 39 of the Immigration and Asylum Act 1999 (c. 33) (power to apply provisions about carriers’ liability to rail freight), and

• (b) could be issued under section 33 of that Act after the coming into force of paragraph 2 of this Schedule.

• (2) A code of practice to which this paragraph applies—

• (a) shall continue to have effect after the coming into force of paragraph 12 of this Schedule, and

• (b) shall be treated after that time as if made and brought into operation under section 33 alone.

SCHEDULE 9

Naturalisation: knowledge of language and society

Naturalisation: spouse of citizen

Deprivation of citizenship

Nationality decision: discrimination

Nationality decision: reasons and review

Legitimacy of child

Right of abode: certificate of entitlement

Repeal of spent provisions

British citizenship: registration of certain persons without other citizenship

British citizenship: registration of certain persons born between 1961 and 1983

Person subject to United Kingdom entrance control

Advisory Groups

Provisional assistance

The Monitor of Accommodation Centres

Education: special cases

Destitute asylum-seeker

Asylum-seeker: form of support

Section 44: supplemental

Failed asylum-seeker

Young asylum-seeker

Failed asylum-seeker

Choice of form of support

Asylum-seeker: appeal against refusal to support

Provision of support by local authority

Application for support: false or incomplete information

Voluntary departure from United Kingdom

Repeal of spent provisions

Detention by Secretary of State

Detention centres: custodial functions

Serious criminal

Family

Revocation of leave to enter or remain

Induction

Deception

Appeal: asylum claim

Appeal: asylum claim

European Common List of Safe Countries of Origin

Appeal from outside United Kingdom: removal

National security: deportation

Entry clearance

European Common List of Safe Countries of Origin

83A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal

85A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision

94A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National security: deportation

Northern Ireland appeals: legal aid

97A

• (1) This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.

• (1A) This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.

• (2) Where this section applies—

• (a) section 79 shall not apply,

• (b) the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and

• (c) section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.

• (2A) The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—

• (a) against the decision to make the deportation order, or

• (b) against any refusal to revoke the deportation order,

unless the person has made a human rights claim while in the United Kingdom.

• (2B) Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—

• (a) to the country or territory to which the person is proposed to be removed, and

• (b) despite the appeals process not having been begun or not having been exhausted,

would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention) .

• (2C) The grounds upon which a certificate may be given under subsection (2B) include (in particular)—

• (a) that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;

• (b) that the whole or part of any human rights claim made by the person is clearly unfounded.

• (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2F) If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.

• (2G) If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

• (2H) The Commission's determination of a review under subsection (2F) is final.

• (2J) The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

• (2K) Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

• (2L) Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State may repeal this section by order.

Leave pending decision on variation application

103A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to state additional grounds for application

Advice about work permit, &c.

Repeal

Northern Ireland appeals: legal aid

Physical data: voluntary provision

Local authority

Inland Revenue

Supply of document, &c. to Secretary of State

Advice about work permit, &c.

Carriers’ liability

Inland Revenue

Data collection under Immigration and Asylum Act 1999

Local authority

Local authority

EEA ports: juxtaposed controls

Medical inspectors

Advisory Panel on Country Information

Advisory Panel on Country Information

Immigration stamp

Section 145: supplementary

Immigration stamp

False information

Power of entry

Sections 153 and 154: supplemental

Interpretation: “the Immigration Acts”

Ineligibility for support

Exceptions

First class of ineligible person: refugee status abroad

Second class of ineligible person: citizen of other EEA State

Third class of ineligible person: failed asylum-seeker

Fourth class of ineligible person: person unlawfully in United Kingdom

Fifth class of ineligible person: failed asylum-seeker with family

7A

• (1) Paragraph 1 applies to a person if—

• (a) he—

• (i) is treated as an asylum-seeker for the purposes of Part VI of the Immigration and Asylum Act 1999 (c. 33) (support) by virtue only of section 94(3A) (failed asylum-seeker with dependent child), or

• (ii) is treated as an asylum-seeker for the purposes of Part 2 of this Act by virtue only of section 18(2),

• (b) the Secretary of State has certified that in his opinion the person has failed without reasonable excuse to take reasonable steps—

• (i) to leave the United Kingdom voluntarily, or

• (ii) to place himself in a position in which he is able to leave the United Kingdom voluntarily,

• (c) the person has received a copy of the Secretary of State’s certificate, and

• (d) the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.

• (2) Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

• (3) For the purpose of sub-paragraph (1)(d) if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person shall be treated as receiving the copy on the second day after the day on which it was posted.

• (4) The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d).

Travel assistance

Temporary accommodation

Assistance and accommodation: general

Offences

Information

Power to amend Schedule

Orders and regulations

Interpretation

Schedule 4

Judicial assistance

5A

• (1) The Senior President of Tribunals, with the consent of the President of the Tribunal, may assign—

• (a) a relevant tribunal judge to act as a legally qualified member of the Tribunal;

• (b) a relevant other tribunal member to act as a member of the Tribunal who is not a legally qualified member.

• (2) In this paragraph—

• (a) “relevant tribunal judge” means—

• (i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

• (ii) a transferred-in judge of the First-tier Tribunal,

• (iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

• (iv) a transferred-in judge of the Upper Tribunal,

• (v) a deputy judge of the Upper Tribunal, or

• (vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

• (b) “relevant other tribunal member” means—

• (i) a person who is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

• (ii) a transferred-in other member of the First-tier Tribunal,

• (iii) a person who is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3 to that Act, or

• (iv) a transferred-in other member of the Upper Tribunal.

• (3) A relevant tribunal judge within sub-paragraph (2)(a)(i) or (ii) who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

• (a) has the title of Immigration Judge, and

• (b) is neither the President, nor a Deputy President, of the Tribunal.

• (4) A relevant tribunal judge within sub-paragraph (2)(a)(iii), (iv) or (v) who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise—

• (a) any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

• (i) has the title of Immigration Judge, and

• (ii) is neither the President, nor a Deputy President, of the Tribunal, and

• (b) any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

• (i) has the title of Senior Immigration Judge, and

• (ii) is neither the President, nor a Deputy President, of the Tribunal.

• (5) A relevant other tribunal member who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise any function or jurisdiction which is exercisable by a member of the Tribunal who—

• (a) is appointed under paragraph 2(1)(e), and

• (b) is neither the President, nor a Deputy President, of the Tribunal.

5B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Money

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Training etc.

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Oaths

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Term of office

Proceedings

Staff

Money

Membership

Presidency

Proceedings

Staff

Money

Interpretation: legally qualified member

“Commencement”

Adjudicator

Tribunal

Earlier appeal

Saving

Immigration Act 1971 (c. 77)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

...

Courts and Legal Services Act 1990 (c. 41)

Tribunals and Inquiries Act 1992 (c. 53)

Judicial Pensions and Retirement Act 1993 (c. 8)

Special Immigration Appeals Commission Act 1997 (c. 68)

Immigration and Asylum Act 1999 (c. 33)

Anti-terrorism, Crime and Security Act 2001 (c. 24)

Proceeds of Crime Act 2002 (c. 29)

Editorial notes

[^c19228841]: S. 1 wholly in force at 1.11.2005; s. 1 not in force at Royal Assent see s. 162(2); s. 1(3)(4) in force at 6.7.2004 by S.I. 2004/1707, art. 2; s. 1(1)(2) in force at 1.11.2005 by S.I. 2005/2782, art. 3(1) (subject to art. 3(2))

[^c22063341]: S. 5 in force at Royal Assent with effect in accordance with s. 162(3)

[^c19262971]: S. 9 wholly in force at 1.7.2006; S. 9 not in force at Royal Assent see s. 162; s. 9 in force at 5.6.2006 for specified purposes and in force at 1.7.2006 so far as not already in force by S.I. 2006/1498, art. 2

[^c3924981]: S.10 partly in force; s.10(1)-(4)(6) in force at Royal Assent see s. 162(2); s. 10(5)(b) in force at 21.12.2006 by S.I. 2006/3144, art. 2

[^c19246661]: Words in s. 10(2)(c) substituted (5.11.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 50(5), 62; S.I. 2007/3138, art. 5(i)

[^c19246701]: S. 10(2)(e) ceases to have effect (2.4.2007) and repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52, 61, 62, Sch. 2 para. 4(a), Sch. 3; S.I. 2007/1109, arts. 4, 5, Sch. (subject to art. 6)

[^c19246761]: Words in s. 10(2)(f) substituted (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13) ss. 52, 62, {Sch. 2 para. 4(b)}; S.I. 2007/1109, art. 4

[^c19244081]: Words in s. 16(3)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 146, 148, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2, Sch. 1

[^c19204171]: S. 18 partly in force; s. 18 not in force at Royal Assent see s. 162(2); s. 18 in force for certain purposes at 8.1.2003 and for further certain purposes at 10.2.2003 by S.I. 2003/1, art. 2, Sch.

[^c3924991]: S. 35 partly in force; s. 35(1)(h) in force at Royal Assent see s. 162(2)

[^c19245001]: Words in s. 36(9)(a) substituted (1.9.2005 for E. and otherwise prosp.) by Education Act 2005 (c. 18), ss. 61, 125, Sch. 9 para. 30; S.I. 2005/2034, art. 4

[^c3925001]: S. 40(1) partly in force; s. 40(1) in force at Royal Assent see s. 162(2)

[^c3925011]: S. 41(1) partly in force; s. 41(1) in force at Royal Assent see s. 162(2)

[^c19246801]: S. 45(7) repealed (coming into force in accordance with s. 8(5)(6) of the repealing Act) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^c19243921]: S. 46(4) substituted (5.10.2005) for s. 46(4)(5) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 6

[^c19263511]: S. 52 repealed (14.6.2007) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 47, 48(1)-(3), Sch. 4; S.I. 2007/1602, art. 2(2), Sch. (with art. 2(3)(4))

[^c3925021]: S. 54 wholly in force at 8.1.2003; s. 54 not in force at Royal Assent see s. 162(2); s. 54 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

[^c19245601]: S. 55(1)(b) referred to (15.6.2005) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), reg. 16(2)

[^c19245841]: S. 62(15)(16) repealed (14.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 16(2)-(4)

[^c19203331]: S. 72 wholly in force at 1.4.2003; s. 72 not in force at Royal Assent see s. 162(2); s. 72(1)-(8)(11) in force at 10.2.2003 by S.I. 2003/1, art. 2, Sch.; s. 72(9)(10) in force at 1.4.2003 by S.I. 2003/754, art. 2, Sch. 1

[^c19208531]: Word in s. 72(10) omitted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 17; S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c19247541]: S. 72(10)(a) restricted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 55(3)(5), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

[^c3925031]: S. 77 excluded by 1999 c. 33, s. 11(2) (as substituted (1.4.2003) by 2002 c. 41, ss. 80, 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with Sch. 2 paras. 5, 6(3)) S. 77 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(2) (with arts. 3, 4, Sch. 2 (as amended by: S.I. 2003/1040; S.I. 2003/1339; and S.I. 2003/2993)) S. 77 restricted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33, 48(1)-(3), Sch. 3 paras. 4, 9, 14, 18; S.I. 2004/2523, art. 2, Sch. (with art. 3)

[^c3925041]: S. 78 applied (with modifications) by 1997 c. 68, s. 2(2)(b) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1)) S. 78 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(3) (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c3925051]: S. 79 applied (with modifications) by 1997 c. 68, s. 2(2)(c) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1)) S. 79 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(4) (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c19211011]: S. 80 repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33(3)(a), 47, 48(1)-(3), Sch. 4; S.I. 2004/2523, art. 2, Sch. (with art. 3)

[^c19202551]: Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c3925071]: S. 84 applied (with modifications) by 1997 c. 68, s. 2(2)(e) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1)) Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c3925081]: S. 85 applied (with modifications) by 1997 c. 68, s. 2(2)(f) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1)) Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993)) Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

[^c19214071]: Words in s. 85 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c3925091]: S. 85(4) applied (with modifications) by 1997 c. 68, s. 2(3)(a) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

[^c19213941]: Words in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c19214111]: Word in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c3925101]: S. 86 applied (with modifications) by 1997 c. 68, s. 2(2)(g)(3)(b) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1)) Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993)) Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

[^c19214151]: Words in s. 86 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c19214461]: Word in s. 86 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c19212781]: S. 81 and preceding cross-heading substituted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(1), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c19202621]: Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c19204811]: S. 94 wholly in force at 1.4.2003; s. 94 not in force at Royal Assent see s. 162(2); s. 94(5) in force for certain purposes at 10.2.2003 by S.I. 2003/249, art. 2, Sch.; s. 94 in force at 1.4.2003 insofar as not already in force by virtue of S.I. 2003/754, art. 2, Sch. 1

[^c19202641]: Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c19212391]: S. 94(4)(a)-(j) repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(4), 47, 48(1)-(3), Sch. 4; S.I. 2004/2523, art. 2, Sch.

[^c19206741]: S. 94(4)(k)-(q) added (1.4.2003) by The Asylum (Designated States) Order 2003 (S.I. 2003/970), art. 3

[^c19252621]: S. 94(4)(l)(q) omitted (1.1.2007) by virtue of The Asylum (Designated States) (Amendment) Order 2006 (S.I. 2006/3215), art. 2

[^c19629981]: S. 94(4)(m) omitted (27.7.2007) by virtue of The Asylum (Designated States) Order 2007 (S.I. 2007/2221), art. 3 (with art. 1)

[^c19206761]: S. 94(4)(r)-(x) added (23.7.2003) by The Asylum (Designated States) (No. 2) Order 2003 (S.I. 2003/1919), art. 2

[^c19244301]: S. 94(4)(r) omitted (22.4.2005) by virtue of The Asylum (Designated States) (Amendment) Order 2005 (S.I. 2005/1016), art. 2

[^c19252581]: S. 94(4)(v) omitted (13.12.2006) by virtue of The Asylum (Designated States) (Amendment) (No. 2) Order 2006 (S.I. 2006/3275), art. 2

[^c19244271]: S. 94(4)(y) added (15.2.2005) by The Asylum (Designated States) Order 2005 (S.I. 2005/330), art. 2 (with art. 1)

[^c19244321]: S. 94(4)(z)-(bb) added (2.12.2005) by The Asylum (Designated States) (No. 2) Order 2005 (S.I. 2005/3306), art. 2

[^c19629961]: S. 94(4)(cc)-(mm) added (27.7.2007) by The Asylum (Designated States) Order 2007 (S.I. 2007/2221), art. 2 (with art. 1)

[^c19212271]: S. 94(5A)-(5C) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(5), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

[^c19630001]: S. 94(5D) inserted (1.12.2007) by The Asylum (Procedures) Regulations 2007 (S.I. 2007/3187), reg. 3

[^c19212291]: S. 94(6) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(6), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

[^c19212311]: S. 94(6A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(7), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

[^c3925121]: S. 96 applied (with modifications) by 1997 c. 68, s. 2(2)(i) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1)) Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and S.I. 2003/1339))

[^c19212681]: S. 96(1)(2) substituted (1.10.2004) for s. 96(1)-(3) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(2), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

[^c19202731]: S. 96(1)(a) modified (1.4.2003) by S.I. 2000/2326, reg. 33(3) (as inserted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(9)) S. 96(1)(a) modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 31(2), Sch. 2 para. 4(7)

[^c19212711]: Words in s. 96(5) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(3), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

[^c19212731]: S. 96(7) added (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(4), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

[^c19202661]: Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c19202681]: Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c19255101]: S. 97A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(1), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

[^c19227531]: Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

[^c19202911]: Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3)) Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[^c19227551]: Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

[^c19202831]: S. 101(1) extended (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4A) (as amended by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)

[^c19202871]: S. 101(2)(3) applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)

[^c19202931]: Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3)) Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993)) S. 102 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)

[^c19227591]: Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

[^c19202941]: Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3)) Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993)) S. 103 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)

[^c19228721]: Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

[^c3925131]: S. 104 applied (with modifications) by 1997 c. 68, s. 2(2)(j) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

[^c19216321]: S. 104(3) omitted (4.4.2005) and repealed (prosp.) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, 48(1)-(3), Sch. 2 para. 20(b), Sch. 4; S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c19258521]: S. 104(4)-(4C) substituted (13.11.2006) for s. 104(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 9, 62; S.I. 2006/2838, art. 3

[^c3925141]: S. 105 applied (with modifications) by 1997 c. 68, s. 2(2)(k) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

[^c3925151]: S. 106 extended by 1981 c. 61, s. 40A(7) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

[^c19216881]: Words in s. 106(4) omitted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 21(t) and words in said subprovision repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 47, 48(1)-(3), Sch. 4 ; S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c3925161]: S. 107 extended by 1981 c. 61, s. 40A(8) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

[^c19217011]: S. 107(2) omitted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 22(1)(b) and said subprovision repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 47, 48(1)-(3), Sch. 4 ; S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c19217231]: Words in s. 108(2) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 23(b); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[^c3925171]: S. 110 applied (with modifications) by 1997 c. 68, s. 2(2)(l)(3)(d) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

[^c3925181]: S. 110 extended by 2001 c. 24, s. 27(10) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 30 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

[^c19258581]: S. 110 ceases to have effect (16.6.2006) and it is repealed (prosp.) by Immigration, Asylum and Nationality Act 2006 (c. 13) {ss. 10}, 61, 62, {Sch. 3}; S.I. 2006/1497, art. 3, Sch.

[^c19255781]: Words in s.112(5) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 11; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

[^c19217411]: S. 112(5A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(8), 48(1)-(3); S.I. 2005/2523, art. 2, Sch.