Immigration and Asylum Bill - continued        House of Lords
SCHEDULE 13, CONSEQUENTIAL AMENDMENTS - continued

back to previous text
 
 
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7)
     92. In the Social Security Contributions and Benefits (Northern Ireland) Act 1992, omit section 142A (persons subject to immigration control).
 
 
The Tribunals and Inquiries Act 1992 (c.53)
     93. The Tribunals and Inquiries Act 1992 is amended as follows.
 
     94. In Schedule 1 (tribunals under the supervision of the Council on Tribunals), after paragraph 2 insert-
 
 
 
"Asylum-seekers support
 
2A. Asylum Support Adjudicators established under section 101 of the Immigration and Asylum Act 1999."
     95. In Schedule 1, in paragraph 22-
 
 
    (a) in sub-paragraph (a), for "12 of the Immigration Act 1971" substitute " 54 of the Immigration and Asylum Act 1999"; and
 
    (b) in sub-paragraph (b), for "that section" substitute "section 53 of that Act".
     96. In Schedule 1, after paragraph 22, insert-
 
 
 
"Immigration services
 
22A. The Immigration Services Tribunal established under section 84 of the Immigration and Asylum Act 1999."
 
The Judicial Pensions and Retirement Act 1993 (c.8)
     97. - (1) The Judicial Pensions and Retirement Act 1993 is amended as follows.
 
      (2) In Schedule 1 (offices which may be qualifying judicial offices), in Part II, for "Chief, or any other, immigration adjudicator under the Immigration Act 1971" substitute "Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)".
 
      (3) In Schedule 5 (relevant offices in relation to the retirement provisions), for "Immigration Adjudicator" substitute insert "Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)".
 
      (4) In Schedule 6 (retirement date for certain judicial offices), omit paragraphs 37 and 38.
 
 
The Asylum and Immigration Appeals Act 1993 (c.23)
     98. The Asylum and Immigration Appeals Act 1993 is amended as follows.
 
     99. Omit section 3 (fingerprinting).
 
     100. Omit sections 4 and 5 and Schedule 1 (housing of asylum-seekers and their dependants).
 
     101. - (1) Omit section 6 (protection of asylum claimants from deportation etc.).
 
      (2) This paragraph is to be treated as having come into force on 26th July 1993.
 
     102. Omit section 7 (curtailment of leave).
 
     103. Omit sections 8, 9, 10 and 11 and Schedule 2 (which relate to appeals).
 
     104. For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute-
 
 
    "(a) has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal;".
     105. In section 9A(6), for "section 9 above" substitute "paragraph 23 of Schedule 4 of the Immigration and Asylum Act 1999".
 
     106. Omit section 12 (carriers' liability).
 
 
The Asylum and Immigration Act 1996 (c.49)
     107. The Asylum and Immigration Act 1996 is amended as follows.
 
     108. Omit section 7 (power of arrest and search warrants).
 
     109. Omit section 9 (entitlement to housing accommodation and assistance).
 
     110. Omit section 10 (entitlement to child benefit).
 
     111. Omit section 11 (saving for social security regulations).
 
     112. Omit Schedule 1 (modifications of social security regulations).
 
     113. In Schedule 2, omit sub-paragraphs (2) and (3) of paragraph 1, paragraph 3 and paragraph 4(2) (which are spent as a result of this Act).
 
     114. In Schedule 3, omit paragraphs 1, 2 and 5 (which are spent as a result of this Act).
 
 
The Housing Act 1996 (c.52)
     115. In section 183(2) of the Housing Act 1996 (interpretation of expressions related to assistance), in the definition of "eligible for assistance", omit "or section 186 (asylum seekers and their dependants)".
 
 
The Education Act 1996 (c. 56)
     116. In section 512(3) of the Education Act 1996 (requirement to provide school meals)-
 
 
    (a) for the words from the beginning to "a", where it occurs for the second time, substitute-
 
    "(3) Subsection (3A) applies in relation to a pupil-
 
 
    (a) whose parents are in receipt of-
 
      (i) income support;
 
      (ii) an income-based jobseeker's allowance (payable under the Jobseekers Act 1995); or
 
      (iii) support provided under Part VI of the Immigration and Asylum Act 1999; or
 
    (b) who is himself in receipt of income support or an income-based jobseeker's allowance.
      (3A) A"; and
 
 
    (b) in paragraph (a), for "him" substitute "the pupil".
 
The Special Immigration Appeals Commission Act 1997 (c.68)
     117. The Special Immigration Appeals Commission Act 1997 is amended as follows.
 
     118. In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute-
 
 
    "(1) A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under any provision (other than section 56(2)) of Part IV of the Immigration and Asylum Act 1999 ("the 1999 Act") or the Immigration (European Economic Area) Order 1994 ("the 1994 Order") but for a public interest provision.
 
      (1A) "Public interest provision" means any of-
 
 
    (a) sections 57(9), 59(4), 61(1) or (2) or 67(1) to (6) of the 1999 Act; or
 
    (b) paragraphs (b), (c) or (d) of Article 20(2) of the 1994 Order.".
     119. In section 2(2) for "subsection (2) of section 13 of the Immigration Act 1971, but for subsection (5) of that section" substitute "section 56(2) of the 1999 Act but for section 57(9) of that Act".
 
     120. After section 2 insert-
 
 
"Jurisdiction: human rights.     2A. - (1) A person who alleges that an authority has, in taking an appealable decision, acted in breach of his human rights may appeal to the Commission against that decision.
 
    (2) For the purposes of this section, an authority acts in breach of a person's human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1998.
 
      (3) Subsections (4) and (5) apply if, in any appellate proceedings being heard by the Commission, a question arises as to whether an authority has, in taking a decision which is the subject of the proceedings, acted in breach of the appellant's human rights.
 
      (4) The Commission has jurisdiction to consider the question.
 
      (5) If the Commission decides that the authority concerned acted in breach of the appellant's human rights, the appeal may be allowed on that ground.
 
      (6) "Authority" means-
 
 
    (a) the Secretary of State;
 
    (b) an immigration officer;
 
    (c) a person responsible for the grant or refusal of entry clearance.
      (7) "Appealable decision" means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act or the 1994 Order but for a public interest provision.
 
      (8) "The 1999 Act", "the 1994 Order" and "public interest provision" have the same meaning as in section 2."
 
     121. In section 4 (determination of appeals), after subsection (1) insert-
 
 
    "(1A) If a certificate under section 67(4)(b) of the Immigration and Asylum Act 1999 has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to an adjudicator."
 
     122. In section 7 (appeals from Commission), omit subsection (4).
 
     123. After section 7, insert-
 
 
"Pending appeals.     7A. - (1) For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
 
    (2) An appeal is not to be treated as finally determined while a further appeal may be brought.
 
      (3) If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
 
      (4) A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom.
 
      (5) A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.
 
      (6) But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 67(4) of the Immigration and Asylum Act 1999.
 
      (7) A pending appeal brought under section 2(1) as a result of section 59(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant."
 
     124. In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)-
 
 
    (a) in sub-paragraph (i), for "paragraph 1 of Schedule 5 to the Immigration Act 1971" substitute "section 54(2) of the Immigration and Asylum Act 1999"; and
 
    (b) in sub-paragraph (ii), for "paragraph 7 of that Schedule" substitute "paragraph 1(3) of Schedule 2 to that Act".
     125. In Schedule 2 (supplementary provisions as to appeals) for paragraphs 1 to 3 substitute-
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 22 October 1999