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Special Immigration Appeals Commission Act 1997

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This is the original version (as it was originally enacted).

5Procedure in relation to jurisdiction under sections 2 and 3

(1)The Lord Chancellor may make rules—

(a)for regulating the exercise of the rights of appeal conferred by section 2 above,

(b)for prescribing the practice and procedure to be followed on or in connection with appeals under that section, including the mode and burden of proof and admissibility of evidence on such appeals, and

(c)for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of the Special Immigration Appeals Commission.

(2)Rules under this section shall provide that an appellant has the right to be legally represented in any proceedings before the Commission on an appeal under section 2 above, subject to any power conferred on the Commission by such rules.

(3)Rules under this section may, in particular—

(a)make provision enabling proceedings before the Commission to take place without the appellant being given full particulars of the reasons for the decision which is the subject of the appeal,

(b)make provision enabling the Commission to hold proceedings in the absence of any person, including the appellant and any legal representative appointed by him,

(c)make provision about the functions in proceedings before the Commission of persons appointed under section 6 below, and

(d)make provision enabling the Commission to give the appellant a summary of any evidence taken in his absence.

(4)Rules under this section may also include provision—

(a)enabling any functions of the Commission which relate to matters preliminary or incidental to an appeal, or which are conferred by Part II of Schedule 2 to the [1971 c. 77.] Immigration Act 1971, to be performed by a single member of the Commission, or

(b)conferring on the Commission such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.

(5)The power to make rules under this section shall include power to make rules with respect to applications to the Commission under paragraphs 22 to 24 of Schedule 2 to the Immigration Act 1971 and matters arising out of such applications.

(6)In making rules under this section, the Lord Chancellor shall have regard, in particular, to—

(a)the need to secure that decisions which are the subject of appeals are properly reviewed, and

(b)the need to secure that information is not disclosed contrary to the public interest.

(7)Section 9(1) of the [1985 c. 56.] Interception of Communications Act 1985 (exclusion of evidence) shall not apply to proceedings before the Commission.

(8)The power to make rules under this section shall be exercisable by statutory instrument.

(9)No rules shall be made under this section unless a draft of them has been laid before and approved by resolution of each House of Parliament.

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