Select Committee on Delegated Powers and Deregulation Twenty-Second Report


ANNEX

IMMIGRATION AND ASYLUM BILL
Memorandum by the Home Office

PART X: MISCELLANEOUS AND SUPPLEMENTAL

CLAUSE 158: POWER TO COMMENCE THE PROVISIONS OF THE BILL BY ORDER
Power conferred on: The Secretary of State
Power exercisable by:Order made by statutory instrument
Parliamentary procedure:None
Other relevant provisions:Clause 154 of the Bill

384.  Clause 158(4) confers the usual power to commence the provisions of the Bill on such days as the Secretary of State may by Order appoint. This power is subject to certain specific provisions made by clause 158. Under subsection (2), clause 85(1) (the Secretary of State's power to provide arrangements for asylum-seekers and their dependants) is to come into force on such day as the Secretary of State by order appoint and clause 106 (exclusion from benefits) is to come into force on the same date. Under subsection (3), clause 154 and the present clause comes into force upon the passing of the Act. Section 8 (removal of certain persons unlawfully in the United Kingdom) and paragraph 5 of Schedule 14 (provisions relating to overstayers) come into force in accordance with the provisions of clause 7(3) of the Bill, namely the prescribed day for the purposes of clause 7(2)(b). (See discussion of clause 7 above).

385.  Different days may be appointed for different purposes (subsection (5)).

386.  Under clause 154(1) the powers are exercisable by statutory instrument. Under clause 154(5), no Parliamentary procedure is provided for an order under subsection (4) but an order under subsection (2) is subject to annulment by resolution of either House. The former is in accordance with the normal provision made, given the limited scope of commencement orders; the latter position is under review as to whether it goes further than appropriate.

CLAUSE 158(7): POWER TO EXTEND PROVISIONS OF BILL TO THE ISLANDS
Power conferred on: Her Majesty by Order-in-Council
Power exercisable by:Order-in-Council made by statutory instrument
Parliamentary procedure:Negative resolution (either House of Parliament)
Other relevant provisions:Clause 154 of the Bill

387.  Clause 158(7) enables the extension of any of the provisions of the Bill to any of the Channel Islands or the Isle of Man. The power is conferred on Her Majesty by Order-in-Council. Many of the provisions of the 1971 Act are extended to the Islands by Order-in-Council under section 36 of the 1971 Act. The present power enables the provisions of this Act to be so extended. No decisions have been yet taken on what is to be extended.

388.  The matter is considered appropriate to delegated legislation in view of the limited nature of the power which is simply to extend the geographical coverage of the Bill to the Islands. All such Orders are made in close consultation with the Islands. In the light of the arrangements pertaining to the Islands (in particular the varied extent to which they have been made subject to the existing provisions of the Immigration Acts, the power enables the modification of the provisions for the purposes of the Islands).

389.  The power is considered appropriate to be left to subordinate legislation given the level of detail involved; and the need, potentially, to change the provision made from time to time as further provisions of the Bill are needed for the Islands.

390.  Given the limited scope of the provision, it is considered that negative procedure is appropriate. Consideration is however being given to aligning the power with the section 36 of the 1971 Act, which does not provide for Parliamentary procedure.

Home Office

June 1999


 
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