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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 UK Borders Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
The following shall be paid out of money provided by Parliament—
(a)any expenditure of a Minister of the Crown in consequence of this Act, and
(b)any increase attributable to this Act in sums payable out of money provided by Parliament under another enactment.
The enactments listed in the Schedule are repealed to the extent specified.
(1)Section 17 comes into force on the day on which this Act is passed.
(2)The other preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.
(a)may make provision generally or only for specified purposes,
(b)may make different provision for different purposes, and
(c)may include incidental, consequential or transitional provision.
(4)In particular, transitional provision—
(a)in the case of an order commencing section 16, may permit the adding of a condition to leave given before the passing of this Act;
(b)in the case of an order commencing section 25, may permit an order to be made in proceedings instituted before the passing of this Act;
(c)in the case of an order commencing section 26, may permit an order or regulations to have effect in relation to property which came into the possession of an immigration officer or the Secretary of State before the passing of this Act;
(d)in the case of an order commencing section 32—
(i)may provide for the section to apply to persons convicted before the passing of this Act who are in custody at the time of commencement or whose sentences are suspended at the time of commencement;
(ii)may modify the application of the section in relation to those persons so as to disapply, or apply only to a specified extent, Condition 2.
(5)An order shall be made by statutory instrument.
(1)Sections 1 to 4, 25 and 31(1) and (2) extend to—
(a)England and Wales, and
(2)Other provisions of this Act extend (subject to subsection (3)) to—
(a)England and Wales,
(3)A provision of this Act which amends another Act shall (subject to subsection (1)) have the same extent as the relevant part of the amended Act (ignoring extent by virtue of an Order in Council).
(4)Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—
(a)any of the Channel Islands;
(b)the Isle of Man.
(1)This Act may be cited as the UK Borders Act 2007.
(2)A reference (in any enactment, including one passed or made before this Act) to “the Immigration Acts” is to—
(a)the Immigration Act 1971 (c. 77),
(b)the Immigration Act 1988 (c. 14),
(c)the Asylum and Immigration Appeals Act 1993 (c. 23),
(d)the Asylum and Immigration Act 1996 (c. 49),
(e)the Immigration and Asylum Act 1999 (c. 33),
(f)the Nationality, Immigration and Asylum Act 2002 (c. 41),
(g)the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19),
(h)the Immigration, Asylum and Nationality Act 2006 (c. 13), and
(3)Section 64(2) of the Immigration, Asylum and Nationality Act 2006 (meaning of “Immigration Acts”) shall cease to have effect.
(4)In the definition of “The Immigration Acts” in Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) for “section 64 of the Immigration, Asylum and Nationality Act 2006” substitute “ section 61 of the UK Borders Act 2007 ”.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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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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