2004 No. 3398 (C.159)
IMMIGRATION

The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 3) Order 2004

Made
The Secretary of State, in exercise of the powers conferred upon him by section 48(3) and (4) of the Asylum and Immigration (Treatment of Claimants, etc) Act 20041 hereby makes the following Order:

1.

This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 3) Order 2004.

2.

Section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act, insofar as it is not already in force, shall come into force on 1st January 2005.

3.

Sections 19 to 24 of the Asylum and Immigration (Treatment of Claimants, etc) Act, insofar as they are not already in force, shall come into force on 1st February 2005.

Scotland of Asthal Q.C.
Minister of State

Home Office

(This note is not part of the Order)

This Order brings into force fully on 1st January and 1st February 2005 certain provisions of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Section 1 (assisting unlawful immigration)

1st October 2004

2004/2523

Section 3 (immigration documents: forgery)

1st October 2004

2004/2523

Section 4 (trafficking people for exploitation)

1st December 2004

2004/2999

Section 5 (section 4: supplemental)

1st December 2004

2004/2999

Section 6 (employment)

1st October 2004

2004/2523

Section 7 (advice of Director of Public Prosecutions)

1st December 2004

2004/2999

Section 8(7), (10) and (11) (claimant’s credibility) (for the purpose of enabling the Secretary of State to exercise the power to make subordinate legislation under section 8(7))

1st October 2004

2004/2523

Section 9 (failed asylum seekers: withdrawal of support)

1st December 2004

2004/2999

Section 10(1), (2), (6) and (7) (failed asylum seeker: accommodation)

1st December 2004

2004/2999

Section 11 (accommodation for asylum seekers: local connection)

4th January 2005

2004/2999

Section 14 (immigration officer: power of arrest)

1st December 2004

2004/2999

Section 15 (fingerprinting)

1st October 2004

2004/2523

Section 17 (retention of documents)

1st December 2004

2004/2999

Section 18 (control of entry)

1st October 2004

2004/2523

Section 19(2) and (3) (England and Wales) and section 20(3) and (4) (England and Wales: supplemental) (for the purpose of enabling the Secretary of State to exercise the powers to make subordinate legislation under section 19(2)(a) and (3)(c))

1st December 2004

2004/2999

Section 19(4) (England and Wales) (for the purpose of enabling the Registrar General to issue guidance under section 19(4)(d))

1st December 2004

2004/2999

Section 21(2) and (3) (Scotland) and section 22(2) and (3) (Scotland: supplemental) (for the purpose of enabling the Secretary of State to exercise the powers to make subordinate legislation under section 21(2)(a) and (3)(c))

1st December 2004

2004/2999

Section 21(5) (Scotland) (for the purpose of enabling the Secretary of State to issue guidance under section 21(5) and to consult with the Registrar General for Scotland for that purpose)

1st December 2004

2004/2999

Section 23(2) and (3) (Northern Ireland) and section 24(2) and (4) (Northern Ireland: supplemental) (for the purpose of enabling the Secretary of State to exercise the powers to make subordinate legislation under section 23(2)(a) and (b) and (3)(c))

1st December 2004

2004/2999

Section 23(6) (Northern Ireland) (for the purpose of enabling the Secretary of State to issue guidance under section 23(6)(d) and to consult with the Registrar General for Northern Ireland for that purpose)

1st December 2004

2004/2999

Section 25 (application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b))

1st December 2004

2004/2999

Section 27 (unfounded human rights or asylum claim)

1st October 2004

2004/2523

Section 28 (appeal from within the United Kingdom)

1st October 2004

2004/2523

Section 29 (entry clearance)

1st October 2004

2004/2523

Section 30 (earlier right of appeal)

1st October 2004

2004/2523

Section 31 (seamen and aircrews: right of appeal)

1st October 2004

2004/2523

Section 33 (removing asylum-seeker to safe country) and Schedule 3 (removal of asylum-seeker to safe country)

1st October 2004

2004/2523

Section 34 (detention pending deportation)

1st October 2004

2004/2523

Section 36 (electronic monitoring)`

1st October 2004

2004/2523

Section 37 (provision of immigration services)

1st October 2004

2004/2523

Section 38 (Immigration Services Commissioner: power of entry)

1st October 2004

2004/2523

Section 39 (offence of advertising services)

1st October 2004

2004/2523

Section 40 (appeal to Immigration Services Tribunal)

1st October 2004

2004/2523

Section 41 (professional bodies)

1st October 2004

2004/2523

Section 42 (amount of fees)

1st October 2004

2004/2523

Section 43 (transfer of leave stamps)

1st October 2004

2004/2523

Section 44 (interpretation: “the Immigration Acts”)

1st October 2004

2004/2523

Section 45 (interpretation: immigration officer)

1st October 2004

2004/2523

Section 46 (money)

1st October 2004

2004/2523

Section 47 and Schedule 4(repeals), the entries relating to section 8(9) of the Asylum and Immigration Act 1996, sections 11, 12, 85(1) and 87(3)(f) of the Immigration and Asylum Act 1999 and paragraph 1(1) of Schedule 6 to that Act and sections 80, 93 and 94(4)(a) to (j) of the Nationality, Immigration and Asylum Act 2002.

1st October 2004

2004/2523