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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Illegal Working Orders) 2017

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1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Illegal Working Orders) 2017.

(2) It comes into force on 1st December 2017.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Summary Application Rules

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with this paragraph.

(2) After Part XLVIII (trafficking and exploitation orders)(2) of Chapter 3 (rules on applications under specific statutes) insert—

PART XLIXILLEGAL WORKING ORDERS

Interpretation

3.49.1.  In this Part—

“the Act” means the Immigration Act 2016(3);

“application for compensation” means an application for compensation under paragraph 15 of schedule 6 of the Act; and

“illegal working compliance order” means an order made under paragraph 5 of schedule 6 of the Act.

Applications in relation to illegal working

3.49.2.(1) An application under any of the following paragraphs of schedule 6 of the Act—

(a)paragraph 7 (extension of illegal working compliance orders);

(b)paragraph 8 (variation or discharge of illegal working compliance orders);

(c)paragraph 12 (access to other premises); and

(d)paragraph 13 (reimbursement of costs),

is to be made by minute in the process relating to the illegal working compliance order.

(2) A minute under paragraph (1) is to be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.

Applications for compensation

3.49.3.(1) Subject to paragraph (2), an application for compensation is to be made by minute in the process relating to the illegal working compliance order.

(2) Where the illegal working closure notice under paragraph 1 of schedule 6 of the Act was cancelled under paragraph 3(1)(a) of that schedule, an application for compensation is to be made by summary application..

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

8th November 2017

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