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Immigration and Asylum Act 1999

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Commencement Orders yet to be applied to the Immigration and Asylum Act 1999

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Part IIE+W+S+N.I. Commissioner’s Status, Remuneration and Staff etc

StatusE+W+S+N.I.

11(1)The Commissioner is to be a corporation sole.E+W+S+N.I.

(2)The Commissioner and the members of the Commissioner’s staff are not to be regarded as the servants or agents of the Crown or as having any status, privilege or immunity of the Crown.

Period of officeE+W+S+N.I.

12(1)The Commissioner—E+W+S+N.I.

(a)is to hold office for a term of five years; but

(b)may resign at any time by notice in writing given to the Secretary of State.

(2)The Secretary of State may dismiss the Commissioner—

(a)on the ground of incapacity or misconduct; or

(b)if he is satisfied—

(i)that he has been convicted of a criminal offence; or

(ii)that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors.

(3)The Commissioner is eligible for re-appointment when his term of office ends.

Terms and conditions of appointmentE+W+S+N.I.

13Subject to the provisions of this Schedule, the Commissioner is to hold office on such terms and conditions as the Secretary of State may determine.E+W+S+N.I.

Remuneration, expenses and pensionsE+W+S+N.I.

14(1)There is to be paid to the Commissioner such remuneration and expenses as the Secretary of State may determine.E+W+S+N.I.

(2)The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities to or in respect of the Commissioner as he may determine.

CompensationE+W+S+N.I.

15If a person ceases to be the Commissioner, otherwise than when his term of office ends, and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make a payment to him of such amount as the Secretary of State may determine.E+W+S+N.I.

Deputy CommissionerE+W+S+N.I.

16(1)The Secretary of State must appoint a person to act as Deputy Commissioner.E+W+S+N.I.

(2)During any vacancy in the office of Commissioner, or at any time when he is unable to discharge his functions, the Deputy Commissioner may act in his place.

(3)Paragraphs 11(2) and 12 to 15 apply to the Deputy Commissioner as they apply to the Commissioner.

StaffE+W+S+N.I.

17(1)Subject to obtaining the approval of the Secretary of State as to numbers and terms and conditions of service, the Commissioner may appoint such staff as he considers appropriate.E+W+S+N.I.

(2)Subject to obtaining the approval of the Secretary of State, the Commissioner may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of his staff as he considers appropriate.

(3)Any functions of the Commissioner may, to the extent authorised by him, be performed by the Deputy Commissioner or any of his staff.

(4)The M1Employers’ Liability (Compulsory Insurance) Act 1969 is not to require insurance to be effected by the Commissioner.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

ExpenditureE+W+S+N.I.

18The Secretary of State may pay to the Commissioner—E+W+S+N.I.

(a)any expenses incurred or to be incurred by the Commissioner in respect of his staff; and

(b)with the approval of the Treasury, such other sums for enabling the Commissioner to perform his functions as the Secretary of State thinks fit.

ReceiptsE+W+S+N.I.

19(1)Subject to any general or specific directions given to him by the Secretary of State, sums received by the Commissioner in the exercise of his functions must be paid to the Secretary of State.E+W+S+N.I.

(2)Sums received by the Secretary of State under this paragraph must be paid into the Consolidated Fund.

(3)The approval of the Treasury is required for any direction given under this paragraph.

Accounts and recordsE+W+S+N.I.

20(1)The Commissioner must—E+W+S+N.I.

(a)keep proper accounts and proper records in relation to his accounts;

(b)prepare a statement of accounts for each financial year; and

(c)send copies of the statement to the Secretary of State and to the Comptroller and Auditor General on or before the specified date.

(2)The statement of accounts must be in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3)The Comptroller and Auditor General must—

(a)examine, certify and report on each statement received by him under this paragraph; and

(b)lay copies of each statement and of his report before each House of Parliament.

(4)Financial year” means the period of 12 months beginning with 1st April.

(5)Specified date” means—

(a)31st August next following the end of the year to which the statement relates; or

(b)such earlier date after the end of that year as the Treasury may direct.

Annual reportE+W+S+N.I.

21(1)The Commissioner must, as soon as is practicable after the end of each financial year, report to the Secretary of State on the performance of his functions in that year.E+W+S+N.I.

[F1(2)The report must, in particular, set out the Commissioner’s opinion as to the extent to which each designated professional body has—

(a)provided effective regulation of its members in their provision of immigration advice or immigration services, and

(b)complied with requests of the Commissioner for the provision of information.]

(3)The Secretary of State must lay a copy of the report before each House of Parliament.

(4)Financial year” has the same meaning as in paragraph 20.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Proof of instrumentsE+W+S+N.I.

22A document purporting to be an instrument issued by the Commissioner and to be signed by or on behalf of the Commissioner is to be received in evidence and treated as such an instrument unless the contrary is shown.E+W+S+N.I.

Disqualification for House of CommonsE+W+S+N.I.

23In Part III of Schedule 1 to the M2House of Commons Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—E+W+S+N.I.

The Immigration Services Commissioner

The Deputy Immigration Services Commissioner.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Disqualification for Northern Ireland AssemblyE+W+S+N.I.

24In Part III of Schedule 1 to the M3Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—E+W+S+N.I.

The Immigration Services Commissioner

The Deputy Immigration Services Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

The Parliamentary Commissioner Act 1967 (c.13)E+W+S+N.I.

25In Schedule 2 of the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert, at the appropriate place, “ The Immigration Services Commissioner ”.E+W+S+N.I.

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