The Immigration and Asylum Act 1999 (Commencement No. 3) Order 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Immigration and Asylum Act 1999 (the 1999 Act).

On 1st March 2000, the following provisions are commenced, so far as not already in force:

(a) sections 18, 98(3) and 120 to 122, all for the purpose of making subordinate legislation;

(b) sections 118 and 119, which make provision relating to the availability of housing authority accommodation in the UK to those subject to immigration control and the eligibility of such people to accommodation and assistance under the homelessness legislation in Scotland and Northern Ireland;

(c) the repeal of section 9 of the Asylum and Immigration Act 1996, which is replaced by sections 118 and 119 of the 1999 Act;

(d) minor provisions and provisions related to the above.

On 3rd April 2000, the following provisions are commenced, so far as not already in force:

(a) sections 18 and 19, which require carriers to provide information relating to passengers and the expected arrival of ships and aircraft carrying persons who are not EEA (European Economic Area) nationals;

(b) sections 32 and 34 to 37 (together with Schedule 1 so far as it relates to section 37) which provide for the imposition of a penalty on those responsible for carrying clandestine entrants into the United Kingdom and for the detention of transporters as security for the payment of such penalties, but not so far as those sections impose a penalty on the owners or captains of ships or aircraft;

(c) section 38, which makes further provision with regard to the courts' powers of forfeiture in the case of those convicted of assisting illegal entry;

(d) Part VI of the Act, which introduces comprehensive new arrangements for the provision of support to asylum-seekers. The only provision of this Part not in force on 3rd April 2000 is the repeal of section 186 of the Housing Act 1996, introduced by section 117(5) of the 1999 Act;

(e) section 154 (detainee custody officers);

(f) minor provisions related to the above.