Search Legislation

Immigration and Asylum Act 1999

Status:

This is the original version (as it was originally enacted).

Section 87(5).

SCHEDULE 7The Immigration Services Tribunal

This schedule has no associated Explanatory Notes

Members

1(1)The Tribunal is to consist of such number of members as the Lord Chancellor may determine.

(2)The members are to be appointed by the Lord Chancellor.

(3)A person may be appointed as a member only if—

(a)he is legally qualified; or

(b)he appears to the Lord Chancellor to have had substantial experience in immigration services or in the law and procedure relating to immigration.

The President

2The Tribunal is to have a President appointed by the Lord Chancellor from among those of its members who are legally qualified.

Terms and conditions of appointment

3(1)Each member is to hold and vacate office in accordance with the terms of his appointment.

(2)A member is eligible for re-appointment when his term of office ends.

(3)A member may resign at any time by notice in writing given to the Lord Chancellor.

(4)The Lord Chancellor may dismiss a member on the ground of incapacity or misconduct.

Remuneration and expenses

4The Lord Chancellor may pay to any member such remuneration and expenses as he may determine.

Proceedings

5The Tribunal is to sit at such times and in such places as the Lord Chancellor may direct.

6(1)The Commissioner is entitled to be represented before the Tribunal, in relation to the hearing of appeals or disciplinary charges, by such persons as he may authorise.

(2)The Commissioner may authorise a person to represent him before the Tribunal in relation to—

(a)specified proceedings; or

(b)all or specified categories of proceedings.

(3)“Specified” means specified by the Commissioner.

Rules of procedure

7(1)The Lord Chancellor may make rules as to the procedure and practice to be followed in relation to the exercise of the Tribunal’s functions.

(2)Before making or altering any such rules, the Lord Chancellor must consult the Scottish Ministers.

(3)Subject to the provisions of this Schedule and the rules, the Tribunal may determine its own procedure.

(4)The rules must make provision for any person appealing to the Tribunal or otherwise subject to its jurisdiction to be entitled to be legally represented.

(5)The rules may, in particular, make provision—

(a)as to the mode and burden of proof and the giving and admissibility of evidence;

(b)for proceedings before the Tribunal to be capable of being determined in the absence of any party to the proceedings if that party has failed, without reasonable excuse, to appear before the Tribunal or has failed to comply with any reasonable directions given by the Tribunal as to the conduct of the proceedings;

(c)with respect to other matters preliminary or incidental to, or arising out of, any matter with respect to which the Tribunal is or may be exercising functions;

(d)as to the period within which an appeal against a decision of the Commissioner can be brought;

(e)authorising such functions of the Tribunal as may be specified in the rules to be exercised by a single member.

Suspending the effect of a relevant decision

8(1)A relevant decision of the Commissioner is not to have effect while the period within which an appeal may be brought against the decision is running.

(2)If the appellant applies to the Tribunal under this paragraph, the Tribunal may direct that while the appeal is being dealt with—

(a)no effect is to be given to the decision appealed against; or

(b)only such limited effect is to be given to it as may be specified in the direction.

(3)Rules under paragraph 7 must include provision requiring the Tribunal to consider applications by the Commissioner for the cancellation or variation of directions given under this paragraph.

Staff

9(1)The Lord Chancellor may appoint such staff for the Tribunal as he considers appropriate.

(2)The Lord Chancellor 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 the Tribunal’s staff as he considers appropriate.

Expenditure

10The Lord Chancellor may pay such other expenses of the Tribunal as he considers appropriate.

Meaning of “legally qualified”

11A person is legally qualified for the purposes of this Schedule if—

(a)he has a 7 year general qualification, within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990;

(b)he is an advocate or solicitor in Scotland of at least 7 years' standing; or

(c)he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing.

Disqualification for House of Commons

12In Part I of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—

  • “Member of the Immigration Services Tribunal”.

Disqualification for Northern Ireland Assembly

13In Part I of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—

  • “Member of the Immigration Services Tribunal”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources