The Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) Order 2007

Statutory Instruments

2007 No. 3138   (C. 126)

immigration

The Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) Order 2007

Made

30th October 2007

The Secretary of State makes the following Order in exercise of the powers conferred by section 62 of the Immigration, Asylum and Nationality Act 2006(1).

Citation and interpretation

1.—(1) This Order may be cited at the Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) Order 2007.

(2) In this Order “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006.

Commencement

2.  The following provisions of the 2006 Act shall come into force on 5th November 2007—

(a) section 15 (penalty for employment of adult subject to immigration control) for the purposes of making an order under subsections (2), (3) and (7);

(b) section 16 (objection to penalty for employment of adult subject to immigration control) for the purposes of making an order under subsections (3) and (5);

(c) sections 20 (orders) and 25 (interpretation);

(d) section 31 (provision of information to immigration officers) for the purposes of making an order under paragraphs 27(2) and 27B of Schedule 2 to the Immigration Act 1971(2) as amended by that provision;

(e) section 32 (passenger and crew information: police powers)(3) for the purposes of making an order under subsection (5)(a);

(f) section 36 (duty to share information)(4) for the purposes of making an order under subsection (4);

(g) section 37 (information sharing: code of practice) for the purposes of laying a draft code before Parliament and making an order under subsection (2);

(h) section 38 (disclosure of information for security purposes)(5) for the purposes of making an order under subsection (4); and

(i) section 50(4) and (5) (amendment to nationality and immigration procedure).

3.  The following provisions of the 2006 Act shall come into force on 31st December 2007—

(a) sections 34 (offence: failure to provide information), 35 (power of Revenue and Customs to obtain information) and 39 (disclosure to law enforcement agencies);

(b) sections 31, 32, 36, 37 and 38 to the extent to which they are not already in force; and

(c) in Schedule 3 (repeals) the entry relating to section 27 of the Immigration Act 1971 (offences by persons connected with ships or aircraft or with ports).

Liam Byrne

Minister of State

Home Office

30th October 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Immigration, Asylum and Nationality Act 2006. The provisions specified in article 2 are brought into force on 5th November 2007 (in some cases for the purposes of making secondary legislation only) and those specified in article 3 are brought into force on 31st December 2007.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Section 1 (variation of leave to enter or remain)	31.08.2006	2006/2226
Section 2 (removal)	31.08.2006	2006/2226
Section 3 (grounds of appeal)	31.08.2006	2006/2226
Section 5 (failure to provide documents)	31.08.2006	2006/2226
Section 6 (refusal of leave to enter)	31.08.2006	2006/2226
Section 7 (deportation)	31.08.2006	2006/2226
Section 8 (legal aid)	30.04.2007	2007/1109
Section 9 (abandonment of appeal)	13.11.2006	2006/2838
Section 10 (grants)	16.06.2006	2006/1497
Section 11 (continuation of leave)	31.08.2006	2006/2226
Section 14 (consequential amendments)	31.08.2006	2006/2226
Section 19 (code of practice)	31.08.2006	2006/2226
Section 23 (discrimination: code of practice)	31.08.2006	2006/2226
Section 27 (documents produced or found)	31.08.2006	2006/2226
Section 28 (fingerprinting)	31.08.2006	2006/2226
Section 29 (attendance for fingerprinting)	31.08.2006	2006/2226
Section 30 (proof of right of abode)	16.06.2006	2006/1497
Section 40 (searches: contracting out)	31.06.2006	2006/2226
Section 41 (section 40: supplemental)	31.06.2006	2006/2226
Section 42 (information: embarking passengers)	31.06.2006	2006/2226
Section 43 (accommodation)	16.06.2006	2006/1497
Section 45 (integration loans)	30.06.2006	2006/2226
Section 46 (inspection of detention facilities)	31.08.2006	2006/2226
Section 48 (removal: cancellation of leave)	16.06.2006	2006/1497
Section 49 (capacity to make nationality application)	31.06.2006	2006/2226
Section 50 (procedure) (partially)	31.01.2007	2007/182
Section 51 (fees)	31.01.2007	2007/182
Section 52 (fees: supplemental) (partially)	31.01.2007	2007/182
Section 52(7) (fees: supplemental) (to extent not already in force)	02.04.2007	2007/1109
Section 53 (arrest pending deportation)	31.06.2006	2006/2226
Section 54 (refugee convention: construction)	31.06.2006	2006/2226
Section 55 (refugee convention: certification)	31.06.2006	2006/2226
Section 56 (deprivation and citizenship)	16.06.2006	2006/1497
Section 57 (deprivation and right of abode)	16.06.2006	2006/1497
Section 58 (acquisition of British nationality)	04.12.2006	2006/2838
Section 59 (detained persons: national minimum wage)	31.06.2006	2006/2226
Section 60 (money)	16.06.2006	2006/1497
Section 61 (repeals) (partially)	16.06.2006	2006/1497
	31.06.2006	2006/2226
	02.04.2007	2007/1109
Schedule 1 (partially) Schedule 2 (partially)	31.08.2006 07.03.2007	2006/2226 2007/467
Schedule 2 (to the extent not already in force)	02.04.2007	2007/1109
Schedule 3 (partially)	16.06.2006	2006/1497
	31.08.2006	2006/2226
	07.03.2007	2007/467
	02.04.2007	2007/1109

(1)

2006 c. 13.

(2)

1971 c. 77. Paragraph 27(2) of Schedule 2 to the Immigration Act 1971 has been substituted by section 31 of the 2006 Act. Paragraph 27B of Schedule 2 to the Immigration Act 1971 was inserted by section 18 of the Immigration and Asylum Act 1999 (c. 33) and subsequently amended by section 16 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) and section 31 of the 2006 Act.

(3)

Section 32 of the 2006 Act has been amended by section 14 of, and Schedule 15 to, the Police and Justice Act 2006 (c. 48) but that amendment is not yet in force.

(4)

Section 36 of the 2006 Act has been amended by section 14 of, and Schedule 15 to, the Police and Justice Act 2006 but that amendment is not yet in force.

(5)

Section 38 of the 2006 Act has been amended by section 14 of the Police and Justice Act 2006 but that amendment is not yet in force.