The Immigration and Asylum Act 1999 (Commencement No. 8 and Transitional Provisions) Order 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 11th December 2000, the following provisions of the 1999 Act, so far as not already in force:

(a) section 13 which permits the Secretary of State to provide identification data relating to a person who is to be removed from the United Kingdom to the country to which the person is to be removed if it indicates that he will not be admitted to it unless such data is provided;

(b) section 141 which authorises the taking of fingerprints from certain persons;

(c) section 142 which states that the Secretary of State may require a person to attend a specified place for fingerprinting and that a person who does not comply may be arrested;

(d) section 143 which makes provision for the destruction of fingerprints;

(e) section 144 which gives the Secretary of State power to make regulations in relation to other methods of collecting data about external physical characteristics;

(f) a consequential amendment in Schedule 14 together with an entry in the repeals Schedule, Schedule 16.

This Order also inserts a transitional provision into the Immigration and Asylum Act 1999 (Commencement No.7) Order 2000 (S.I. 2000/2698 (C. 76)) relating to marriages of which notice has been entered into the marriage notice book before 1st January 2001.

This Order also makes a further transitional provision for Part IV of the 1999 Act. The effect of article 5 is that where a person has applied for a variation of leave on the grounds of asylum and other grounds, and he is refused on one element of the application and appeals that decision before 2nd October 2000 and on or after that date is refused on the other ground, he may appeal both aspects, notwithstanding that, in the case of the appeal on the other ground, he is not required to leave within 28 days because of his outstanding appeal on the first ground.