Nationality, Immigration and Asylum Act 2002

Section 114

SCHEDULE 6 Immigration and Asylum Appeals: Transitional Provision

“Commencement”

1 In this Schedule “commencement” means the coming into force of Part 5 of this Act.

Adjudicator

2 Where a person is an adjudicator under section 57 of the Immigration and Asylum Act 1999 (c. 33) immediately before commencement his appointment shall have effect after commencement as if made under section 81 of this Act.

Tribunal

3 (1) Where a person is a member of the Immigration Appeal Tribunal immediately before commencement his appointment shall have effect after commencement as if made under Schedule 5.

(2) Where a person is a member of staff of the Immigration Appeal Tribunal immediately before commencement his appointment shall have effect after commencement as if made under Schedule 5.

Earlier appeal

4 In the application of section 96—

(a) a reference to an appeal or right of appeal under a provision of this Act includes a reference to an appeal or right of appeal under the Immigration and Asylum Act 1999,

(b) a reference to a requirement imposed under this Act includes a reference to a requirement of a similar nature imposed under that Act,

(c) a reference to a statement made in pursuance of a requirement imposed under a provision of this Act includes a reference to anything done in compliance with a requirement of a similar nature under that Act, and

(d) a reference to notification by virtue of this Act includes a reference to notification by virtue of any other enactment.

Saving

5 (1) This Schedule is without prejudice to the power to include transitional provision in an order under section 162.

(2) An order under that section may, in particular, provide for a reference to a provision of Part 5 of this Act to be treated as being or including a reference (with or without modification) to a provision of the Immigration and Asylum Act 1999 (c. 33).