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The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010

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Citation and commencement

1.  This Order may be cited as the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 and comes into force on 15th February 2010.

Transfer of functions and abolition of tribunal

2.—(1) The functions of the Asylum and Immigration Tribunal are transferred to the First-tier Tribunal.

(2) The Asylum and Immigration Tribunal is abolished.

Transfer of persons into the First-tier Tribunal and the Upper Tribunal

3.  A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

(1) Office held(2) Office to be held
Deputy President of the Asylum and Immigration Tribunal appointed under paragraph 5(1)(b) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002(1)Transferred-in judge of the Upper Tribunal
Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 and specified by the Lord Chancellor as a Senior Immigration Judge pursuant to the Asylum and Immigration Tribunal (Judicial Titles) Order 2005(2)Transferred-in judge of the Upper Tribunal
Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 and specified by the Lord Chancellor as a Designated Immigration Judge pursuant to the Asylum and Immigration Tribunal (Judicial Titles) Order 2005Transferred-in deputy judge of the Upper Tribunal; transferred-in judge of the First-tier Tribunal
Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002Transferred-in judge of the First-tier Tribunal
Other member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(e) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002Transferred-in other member of the Upper Tribunal

Transfer of Rules

4.  The Asylum and Immigration Tribunal (Procedure) Rules 2005(3) and the Asylum and Immigration Tribunal (Procedure) (Fast-track) Rules 2005(4) have effect as if they were Tribunal Procedure Rules.

Consequential and transitional provisions

5.—(1) Schedule 1 contains consequential amendments to primary legislation as a consequence of the transfers effected by this Order.

(2) Schedule 2 contains consequential amendments to secondary legislation as a consequence of the transfers effected by this Order.

(3) Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

(4) Schedule 4 contains transitional and saving provisions.

By the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State,

Ministry of Justice

6th January 2010

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