The Immigration (Variation of Leave) Order 1991

Statutory Instruments

1991 No. 77

IMMIGRATION

The Immigration (Variation of Leave) Order 1991

Made

18th January 1991

Coming into force

19th Janaury 1991

In exercise of the powers conferred upon me by sections 3(3)(a) and 4(1) of the Immigration Act 1971 (1), I hereby make the following Order:

1.  This Order may be cited as the Immigration (Variation of Leave) Order 1991 and shall come into force on the day after the day on which it is made.

2.—(1) This article applies to any person who—

(a) is a national of Iraq and is not also either

(i) a British citizen; or

(ii) a person who is entitled to enter or remain in the United Kingdom by virtue of an enforceable Community right (2) or of any provision made under section 2(2) of the European Communities Act 1972 (3); and

(b) has leave to enter or remain in the United Kingdom for a limited period, being leave which is not subject to a condition requiring him to register with the police.

(2) The leave to enter or remain in the United Kingdom of any person to whom this article applies shall, by virtue of this Order, be subject to a condition requiring him to register with the police.

Kenneth Baker

One of Her Majesty’s Principal Secretaries of State

Home Office

18th January 1991

Explanatory Note

(This note is not part of the Regulations)

This Order requires all Iraqi nationals who are not also either British citizens or persons exercising enforceable Community rights or rights under any provision made under section 2(2) of the European Communities Act 1972 and who have a limited leave to enter or remain in the United Kingdom to register with the police as a condition of that leave if such a requirement is not already such a condition.

Provision with respect to registration with the police is made under the Immigration (Registration with Police) Regulations 1972 (S.I. 1972/1758; relevant amending instruments are S.I. 1975/999, 1976/2018, 1978/24, 1979/196, 1980/451, 1981/534, 1982/502, 1983/442 and 1990/400.

(1)

1971 c. 77.

(2)

See Part II of Schedule 1 to the European Communities Act 1972 for the definition of “enforceable Community right”.

(3)

1972 c. 68.