The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 No. 21

SCHEDULE 1 Consequential provisions – primary legislation

Nationality, Immigration and Asylum Act 2002

26.  In section 104 (pending appeal)—

(a) for subsection (2) substitute—

“(2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—

(a) an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,

(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or

(c) an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.”; and

(b) in subsections (4B)(b) and (4C) for “any relevant procedure rules (which may include provision about timing)” substitute “Tribunal Procedure Rules”.