Nationality, Immigration and Asylum Act 2002 (c. 41)

Part 5 U.K. Immigration and Asylum Appeals

General U.K.

112 Regulations, &c. U.K.

(1) Regulations under this Part shall be made by the Secretary of State.

(2) Regulations and rules under this Part [F1 , other than regulations under section 103D(4),]—

(a) must be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Regulations and rules under this Part—

(a) may make provision which applies generally or only in a specified case or in specified circumstances,

(b) may make different provision for different cases or circumstances,

(c) may include consequential, transitional or incidental provision, and

(d) may include savings.

[F2 (3A) An order under section 88A—

(a) must be made by statutory instrument,

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

(c) may include transitional provision.]

(4) An order under section 94(5) or 115(8)—

(a) must be made by statutory instrument,

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

(c) may include transitional provision.

(5) An order under section [F3 94(6) or (6B)] or 115(9)—

(a) must be made by statutory instrument,

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c) may include transitional provision.

[F4 (5A) If an instrument makes provision under section 94(5) and 94(6)—

(a) subsection (4)(b) above shall apply, and

(b) subsection (5)(b) above shall not apply.]

[F5 (5B) An order under section 97A(4)—

(a) must be made by statutory instrument,

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c) may include transitional provision.]

[F6 (6) Regulations under section 103D(4)—

(a) must be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(7) An order under paragraph 4 of Schedule 4—

(a) may include consequential or incidental provision (which may include provision amending, or providing for the construction of, a reference in an enactment, instrument or other document to a member of the Asylum and Immigration Tribunal),

(b) must be made by statutory instrument, and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Words in s. 112(2) inserted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 24(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F2 S. 112(3A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 29(2), 48(1)-(3); S.I. 2005/2523, art. 2, Sch.

F3 Words in s.112(5) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 11; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F4 S. 112(5A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(8), 48(1)-(3); S.I. 2005/2523, art. 2, Sch.

F5 S. 112(5B) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(2), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F6 S. 112(6)(7) substituted (4.4.2005) for s. 112(6) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 24(3); S.I. 2005/565, art. 2 (with savings in arts. 3-9)