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SCHEDULES

SCHEDULE 9U.K.Transitional and consequential provision

Modifications etc. (not altering text)

C1Sch. 9 extended in part (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2015 (S.I. 2015/1532), arts. 1(1), 2(2), Sch. 2 (with art. 2(3))

C2Sch. 9 extended (with modifications) to Guernsey (coming into force in accordance with art. 1 of the amending S.I.) by The Immigration (Guernsey) Order 2015 (S.I. 2015/1533), arts. 1, 5, Sch. 2 (with art. 6)

PART 1U.K.Provision relating to removal

Immigration Act 1971 (c. 77)U.K.

1U.K.In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc), in paragraph 11, after “immigration officer” insert “ or the Secretary of State ”.

Commencement Information

I1Sch. 9 para. 1 in force at 20.10.2014 by S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

I2Sch. 9 para. 1 in force at 20.10.2014 by S.I. 2014/2771, art. 4(g)

Special Immigration Appeals Commission Act 1997 (c. 68)U.K.

2U.K.In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals), in subsection (2), after paragraph (c) insert—

(ca)section 78A of that Act (restriction on removal of children and their parents),.

Commencement Information

I3Sch. 9 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)

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

3(1)The Nationality, Immigration and Asylum Act 2002 is amended as follows.U.K.

(2)In section 62 (detention by Secretary of State)—

(a)in subsection (1)—

(i)in paragraph (a), after “under” insert “ section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or ”;

(ii)in paragraph (b), for “paragraphs” substitute “ provisions ”;

(b)in subsection (2), for “that Act” substitute “ the Immigration Act 1971 ”;

(c)omit subsections (5) and (6).

(3)In section 76 (revocation of leave to enter or remain)—

(a)in subsection (2), omit paragraphs (b) and (c);

(b)in subsection (4), omit the definition of “removed”.

Commencement Information

I4Sch. 9 para. 3 in force at 20.10.2014 by S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19)U.K.

4U.K.In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant's credibility; definitions), in paragraph (d) of the definition of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.

Commencement Information

I5Sch. 9 para. 4 in force at 20.10.2014 by S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

5U.K.In the Immigration, Asylum and Nationality Act 2006, section 47 (removal of persons with statutorily extended leave) is repealed.

Commencement Information

I6Sch. 9 para. 5 in force at 20.10.2014 by S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)U.K.

6U.K.In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in paragraph 19(10), in the definition of “removal directions”, omit paragraph (e).

Commencement Information

I7Sch. 9 para. 6 in force at 20.10.2014 by S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Consequential repealsU.K.

7U.K.The provisions shown in the table below are repealed in consequence of the amendments made by section 1 and this Part of this Schedule.

TitleExtent of repeal
Nationality, Immigration and Asylum Act 2002Section 73(2) to (4).
Section 74.
Section 75(4).
Section 76(7).
Immigration, Asylum and Nationality Act 2006Section 48.
Crime and Courts Act 2013Section 51(3).
Immigration Act 2014In Schedule 1, paragraph 2(3) and (4).

Commencement Information

I8Sch. 9 para. 7 in force at 20.10.2014 by S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))