Search Legislation

Nationality, Immigration and Asylum Act 2002

Status:

This is the original version (as it was originally enacted).

106Rules

This section has no associated Explanatory Notes

(1)The Lord Chancellor may make rules—

(a)regulating the exercise of the right of appeal under section 82, 83 or 101;

(b)prescribing procedure to be followed in connection with proceedings under section 82, 83, 101(1) or 103.

(2)In particular, rules under subsection (1)—

(a)must entitle an appellant to be legally represented at any hearing of his appeal;

(b)may enable or require an appeal to be determined without a hearing;

(c)may enable or require an appeal to be dismissed without substantive consideration where practice or procedure has not been complied with;

(d)may enable or require an adjudicator or the Immigration Appeal Tribunal to treat an appeal as abandoned in specified circumstances;

(e)may enable or require an adjudicator or the Tribunal to determine an appeal in the absence of parties in specified circumstances;

(f)may enable or require an adjudicator or the Tribunal to determine an appeal by reference only to written submissions in specified circumstances;

(g)may make provision about the adjournment of an appeal by an adjudicator (which may include provision prohibiting an adjudicator from adjourning except in specified circumstances);

(h)may make provision about the treatment of adjourned appeals by an adjudicator (which may include provision requiring an adjudicator to determine an appeal within a specified period);

(i)may make provision about the use of electronic communication in the course of or in connection with a hearing;

(j)may make provision about the remittal of an appeal by the Tribunal to an adjudicator under section 102;

(k)may enable an adjudicator to set aside a decision of himself or another adjudicator;

(l)may enable the Tribunal to set aside a decision of the Tribunal;

(m)must make provision about the consolidation of appeals (which may, in particular, include provision for the adjournment or remission of a further appeal under section 101);

(n)may make provision (which may include presumptions) about service;

(o)may confer ancillary powers on an adjudicator or the Tribunal;

(p)may confer a discretion on an adjudicator or the Tribunal;

(q)may require an adjudicator or the Tribunal to give notice of a determination to a specified person;

(r)may require or enable notice of a determination to be given on behalf of an adjudicator or the Tribunal;

(s)may make provision about the grant of bail by an adjudicator or the Tribunal (which may, in particular, include provision which applies or is similar to any enactment).

(3)Rules under subsection (1)—

(a)may enable an adjudicator or the Tribunal to make an award of costs or expenses,

(b)may make provision (which may include provision conferring discretion on a court) for the taxation or assessment of costs or expenses,

(c)may make provision about interest on an award of costs or expenses (which may include provision conferring a discretion or providing for interest to be calculated in accordance with provision made by the rules),

(d)may enable an adjudicator or the Tribunal to disallow all or part of a representative’s costs or expenses,

(e)may enable an adjudicator or the Tribunal to require a representative to pay specified costs or expenses, and

(f)shall make provision in respect of proceedings before an adjudicator or the Tribunal which has an effect similar to that of section 101(3)(d) and the Civil Procedure Rules referred to there.

(4)A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with rules under subsection (1) to attend before an adjudicator or the Tribunal—

(a)to give evidence, or

(b)to produce a document.

(5)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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?

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