Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Immigration and Asylum) 2003

Amendment of the principal Rules

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) shall be amended in accordance with the following paragraph.

(2) In Chapter 3 (rules on applications under specific statutes), after Part XX(2) insert–

“PART XXI IMMIGRATION AND ASYLUM ACT 1999

Interpretation

3.21.1.   In this Part–

“the Act” means the Immigration and Asylum Act 1999(3); and

“an appeal” means an appeal to the sheriff under section 35A(1) or section 40B(1) of the Act(4).

Appeals

3.21.2.— (1) A person making an appeal against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to paragraph (2), bring an appeal within 21 days after receiving the penalty notice or charge notice.

(2) Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3)(5) of the Act within the time prescribed for doing so, he must bring an appeal within 21 days after receiving notice of the Secretary of State’s decision under section 35(7) or section 40A(6) respectively of the Act in response to the notice of objection.”.

(1)

S.I. 1999/929; amended by S.S.I. 2000/148 and 387, 2001/142, 2002/7, 129, 130, 146 and 563, and 2003/27 and 98.

(2)

Part XX was inserted by S.S.I. 2003/27.

(3)

1999 c. 33.

(4)

Sections 35A and 40B of the Act were inserted respectively by the Nationality, Immigration and Asylum Act 2002 (c. 41), (“the 2002 Act”), Schedule 8, paragraphs 8 and 13.

(5)

Section 35(3) to (5) was substituted by the 2002 Act, Schedule 8, paragraph 7(3) and section 40A(1) to (4) was inserted by Schedule 8, paragraph 13.