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The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003

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Definitions for transitional provisions

4.  (1)  In this Order—

(a)“the new appeals provisions” means sections 82 to 99 and sections 101 to 103 of the 2002 Act; together with any provision (including subordinate legislation) of—

(i)the 2002 Act;

(ii)the 1971 Act, the 1997 Act and the 1999 Act (all as amended by the 2002 Act);

which refer to those provisions;

(b)“the old appeals provisions” means—

(i)sections 13 to 17 of the 1971 Act;

(ii)subsections (1) to (4) of section 8 of the 1993 Act;

(iii)the 1997 Act (without the amendments made by the 2002 Act);

(iv)Part IV of, and Schedule 4 (except paragraphs 10 to 20 and 23) to, the 1999 Act;

(v)section 115 of the 2002 Act;

together with—

(vi)any subordinate legislation which applies to those provisions (unless specific provision is made to the contrary); and

(vii)any provision of the old Immigration Acts which refers to those provisions;

(c)“the old Immigration Acts” means the 1971 Act, the 1988 Act, the 1993 Act, the 1996 Act, the 1997 Act and the 1999 Act, all without the amendments made by the 2002 Act.

(3) For the purposes of article 3 and Schedule 2, an event has taken place under the old Immigration Acts where—

(a)a notice was served;

(b)a decision was made or taken;

(c)directions were given; and

(d)a certificate was issued.

(4) For the purposes of this Order—

(a)a notice was served;

(b)a decision was made or taken;

(c)directions were given; and

(d)a certificate was issued;

on the day on which it was or they were sent to the person concerned, if sent by post or by fax, or delivered to that person, if delivered by hand.

(5) In this article—

(a)“the person concerned” means the person who is the subject of the notice, decision, directions or certificate or the person who appears to be his representative; and

(b)a reference to the issue of a certificate is a reference to the issue of a certificate under section 11, 12 or 72(2) of the 1999 Act or section 115 of the 2002 Act.

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