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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Immigration, Asylum and Nationality Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Commencement Orders bringing legislation that affects this Act into force:
(1)For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection) substitute—
“(5A)Subsections (2) to (5) shall apply—
(a)in relation to removal centres within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33),
(b)in relation to short-term holding facilities within the meaning of that section, and
(c)in relation to escort arrangements within the meaning of that section.
(5B)In their application by virtue of subsection (5A) subsections (2) to (5)—
(a)shall apply to centres, facilities and arrangements anywhere in the United Kingdom, and
(b)shall have effect—
(i)as if a reference to prisons were a reference to removal centres, short-term holding facilities and escort arrangements,
(ii)as if a reference to prisoners were a reference to detained persons and persons to whom escort arrangements apply, and
(iii)with any other necessary modifications.”
(2)In section 55 of that Act (extent)—
(a)omit subsection (4A), and
(b)after subsection (5) insert—
“(6)But (despite subsections (4) and (5)) the following shall extend to England and Wales, Scotland and Northern Ireland—
(a)section 5A(5A) and (5B), and
(b)section 5A(2) to (5) in so far as they apply by virtue of section 5A(5A).”
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.
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