Nationality, Immigration and Asylum Act 2002

112 Regulations, &c. E+W+S+N.I.

(1) Regulations under this Part shall be made by the Secretary of State.

(2) Regulations and rules under this Part [F1 , other than regulations under section 103D(4),]—

(a) must be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Regulations and rules under this Part—

(a) may make provision which applies generally or only in a specified case or in specified circumstances,

(b) may make different provision for different cases or circumstances,

(c) may include consequential, transitional or incidental provision, and

(d) may include savings.

[F2 (3A) An order under section 88A—

(a) must be made by statutory instrument,

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

(c) may include transitional provision.]

(4) An order under section 94(5) or 115(8)—

(a) must be made by statutory instrument,

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

(c) may include transitional provision.

(5) An order under section [F3 94(6) or (6B)] or 115(9)—

(a) must be made by statutory instrument,

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c) may include transitional provision.

[F4 (5A) If an instrument makes provision under section 94(5) and 94(6)—

(a) subsection (4)(b) above shall apply, and

(b) subsection (5)(b) above shall not apply.]

[F5 (5B) An order under section 97A(4)—

(a) must be made by statutory instrument,

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c) may include transitional provision.]

[F6 (6) Regulations under section 103D(4)—

(a) must be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(7) An order under paragraph 4 of Schedule 4—

(a) may include consequential or incidental provision (which may include provision amending, or providing for the construction of, a reference in an enactment, instrument or other document to a member of the Asylum and Immigration Tribunal),

(b) must be made by statutory instrument, and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:

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)

F1 Words in s. 112(2) inserted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 24(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F2 S. 112(3A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 29(2), 48(1)-(3); S.I. 2005/2523, art. 2, Sch.

F3 Words in s.112(5) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 11; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F4 S. 112(5A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(8), 48(1)-(3); S.I. 2005/2523, art. 2, Sch.

F5 S. 112(5B) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(2), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F6 S. 112(6)(7) substituted (4.4.2005) for s. 112(6) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 24(3); S.I. 2005/565, art. 2 (with savings in arts. 3-9)