Act of Sederunt (Rules of the Court of Session Amendment) (Transfer of Functions of the Asylum and Immigration Tribunal Order 2010) 2010

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes amendments to Chapter 41 of the Rules of the Court of Session 1994, in relation to asylum and immigration appeals.

The amendments result from the transfer of the functions of the Asylum and Immigration Tribunal to the First-tier Tribunal and Upper Tribunal established under the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act”). The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) (the “Transfer Order”) makes provision for the transfer of those functions and also makes other consequential amendments to legislation relating to the Asylum and Immigration Tribunal. Those changes are to take effect on 15th February 2010.

Paragraph 2(2) omits rule 41.20(2)(c) as the statutory provisions which provide for the rights of appeal to the court, and are referred to in that rule, are being repealed or revoked by virtue of paragraph 25 of Schedule 1 to the Transfer Order. On the same basis paragraph 2(5) revokes Part XI of Chapter 41.

Paragraph 2(3) amends rule 41.20(2)(d) so that all appeals under section 13 of the 2007 Act will follow the same procedure.

Paragraph 2(4) revokes rule 41.44(2)(k) as the statutory provisions referred to in that rule have been repealed.

Paragraph 2(6) makes savings in relation to the application of Part XI in respect of appeals lodged with the court, or which may be brought before the court, by virtue of Schedule 4 to the Transfer Order.