SCHEDULE 1Consequential provisions – primary legislation
Immigration Act 1971
1
Schedule 2 to the Immigration Act 19716 (administrative provisions as to control on entry etc.) is amended as follows.
2
In paragraphs 22(1A), (2), and (3), 23(1) and (2), 24(2)(a) and (3), 29(2), (3) and (6) and 33(3) for “the Asylum and Immigration Tribunal”, in each place, substitute “the First-tier Tribunal”.
3
For paragraph 25 substitute—
25
Tribunal Procedure Rules may make provision with respect to applications to the First-tier Tribunal under paragraphs 22 to 24 and matters arising out of such applications.
House of Commons Disqualification Act 19754
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 19757 (bodies of which all members are disqualified) omit the entry relating to the Asylum and Immigration Tribunal.
Northern Ireland Assembly Disqualification Act 19755
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 19758 (bodies of which all members are disqualified) omit the entry relating to the Asylum and Immigration Tribunal.
Race Relations Act 19766
In section 57A(5) of the Race Relations Act 19769 (claims under section 19B in immigration cases)—
a
in the definition of “immigration appellate body”—
i
for “the Asylum and Immigration Tribunal,” substitute “the First-tier Tribunal,”; and
ii
after “the Special Immigration Appeals Commission,” insert “the Upper Tribunal,”;
b
in paragraph (b) of the definition of “relevant decision” for “or Part 5 of the 2002 Act” substitute “, Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act”;
c
in the definition of “relevant immigration proceedings” for “or Part 5 of the 2002 Act” substitute “, Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act”; and
d
after the definition of “the 2002 Act” insert—
“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
British Nationality Act 19817
In section 40A of the British Nationality Act 198110 (deprivation of citizenship: appeal)—
a
in subsection (1) for “the Asylum and Immigration Tribunal” substitute “the First-tier Tribunal”; and
b
omit subsection (3)(b).
Courts and Legal Services Act 19908
In Schedule 11 to the Courts and Legal Services Act 199011 (judges etc barred from legal practice) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.
Tribunals and Inquiries Act 19929
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 199212 (tribunals under direct supervision of Council) omit the entry at paragraph 22 relating to immigration and asylum.
Judicial Pensions and Retirement Act 1993
10
The Judicial Pensions and Retirement Act 199313 is amended as follows.
11
Omit section 26(12A)(g) (retirement date for holders of certain judicial offices etc).
12
In Part 2 of Schedule 1 (other offices whose holders are appointed by the Lord Chancellor) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.
13
In Schedule 5 (retirement provisions: the relevant offices) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.
Special Immigration Appeals Commission Act 1997
14
The Special Immigration Appeals Commission Act 199714 is amended as follows.
15
In section 5(2A) (procedure in relation to jurisdiction under sections 2 and 3) for the words from “rules under section 106” to the end substitute “Tribunal Procedure Rules”.
16
In paragraph 5(b) of Schedule 1 (proceedings) for “a legally qualified member of the Asylum and Immigration Tribunal” substitute “a judge of the First-tier Tribunal, or of the Upper Tribunal, who is assigned to a chamber with responsibility for immigration and asylum matters”.
17
In paragraphs 1(3)(a) and (b) and (4)(a) and (b) and 2(2)(a) and (b) and (3)(a) and (b) of Schedule 3 (bail: modifications of Schedule 2 to the Immigration Act 1971) for “the Asylum and Immigration Tribunal” substitute “the First-tier Tribunal”.
Access to Justice Act 199918
In paragraph 2(1) of Schedule 2 to the Access to Justice Act 199915 (community legal services: excluded services)—
a
after paragraph (g) insert—
gza
the First-tier Tribunal under—
i
Schedule 2 to the Immigration Act 1971,
ii
section 40A of the British Nationality Act 1981,
iii
Part 5 of the Nationality, Immigration and Asylum Act 2002, or
iv
regulation 26 of the Immigration (European Economic Area) Regulations 2006,
b
in paragraph (ga) after “paragraph (g)” insert “or (gza)”; and
c
omit paragraph (h).
Immigration and Asylum Act 199919
In section 156(3) of the Immigration and Asylum Act 199916 (arrangements for the provision of escorts and custody) for paragraph (a) substitute—
a
the First-tier Tribunal;
b
the Upper Tribunal; and
Nationality, Immigration and Asylum Act 2002
20
The Nationality, Immigration and Asylum Act 200217 is amended as follows.
21
In section 72 (serious criminal) after subsection (10) insert—
10A
Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
22
For section 81 (the Asylum and Immigration Tribunal) substitute—
Meaning of “the Tribunal”81
In this Part “the Tribunal” means the First-tier Tribunal.
23
In section 85A (matters to be considered: new evidence: exceptions) at the end insert—
5
Tribunal Procedure Rules may make provision, for the purposes of subsection (4)(a), about the circumstances in which evidence is to be treated, or not treated, as submitted in support of, and at the time of making, an application.
24
In section 87 (successful appeal: direction)—
a
for subsection (3) substitute—
3
But a direction under this section shall not have effect 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 to the Upper Tribunal or a court 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.
b
in subsection (4) for “103A” substitute “11 of the Tribunals, Courts and Enforcement Act 2007”.
25
Omit sections 103A to 103E (procedure).
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.
b
in subsections (4B)(b) and (4C) for “any relevant procedure rules (which may include provision about timing)” substitute “Tribunal Procedure Rules”.
27
In section 106 (rules)—
a
omit subsections (1), (1A) and (2);
b
for subsection (3) substitute—
3
In the case of an appeal under section 82, 83 or 83A or by virtue of section 109, Tribunal Procedure Rules may enable the Tribunal to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).
c
in subsection (4) for “rules under subsection (1)” substitute “Tribunal Procedure Rules in connection with proceedings under section 82, 83 or 83A or by virtue of section 109”.
28
In section 107 (practice directions)—
a
omit subsections (1), (1A) and (4) to (7);
b
for subsection (3) substitute—
3
In the case of proceedings under section 82, 83 or 83A or by virtue of section 109, or proceedings in the Upper Tribunal arising out of such proceedings, practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007—
a
may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and
b
may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter.
c
after that subsection insert—
3A
In subsection (3) the reference to a decision of the Tribunal includes—
a
a decision of the Asylum and Immigration Tribunal, and
b
a decision of the Immigration Appeal Tribunal.
29
In section 112 (regulations, &c.)—
a
in subsection (2) omit “and rules” and “, other than regulations under section 103D(4),”;
b
in subsection (3) omit “and rules”; and
c
omit subsections (6) and (7).
30
Omit Schedule 4 (the Asylum and Immigration Tribunal).
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
31
The Asylum and Immigration (Treatment of Claimants, etc.) Act 200418 is amended as follows.
32
In section 8 (claimant’s credibility)—
a
in subsection (7), in paragraph (c) of the definition of “deciding authority”, for “the Asylum and Immigration Tribunal” substitute “the First-tier Tribunal”;
b
after subsection (9) insert—
9A
In paragraph (c) of the definition of a “deciding authority” in subsection (7) the reference to the First-tier Tribunal includes a reference to the Upper Tribunal when acting under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
c
omit subsection (13).
33
In section 36 (electronic monitoring)—
a
in subsection (1)(d)(ii) for “the Asylum and Immigration Tribunal” substitute “the First-tier Tribunal”; and
b
omit subsection (12).
Constitutional Reform Act 200534
In Part 3 of Schedule 14 to the Constitutional Reform Act 200519 (appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies) omit the entries relating to—
a
a legally qualified member of the Asylum and Immigration Tribunal;
b
a member of the Asylum and Immigration Tribunal; and
c
the Deputy President of the Asylum and Immigration Tribunal.
Immigration, Asylum and Nationality Act 200635
In section 55 (refugee convention: certification) of the Immigration, Asylum and Nationality Act 200620 —
a
in subsection (3) for “Asylum and Immigration Tribunal” substitute “First-tier Tribunal”; and
b
after subsection (5) insert—
5A
Subsections (3) and (4) also apply in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
Tribunals, Courts and Enforcement Act 2007
36
The Tribunals, Courts and Enforcement Act 200721 is amended as follows.
37
In section 2(4) (Senior President of Tribunals)—
a
at the end of paragraph (c) insert “and”; and
b
omit paragraph (e) (together with the “and” immediately before it).
38
In section 4(1) (judges and other members of the First-tier Tribunal) omit paragraph (d) (but not the “or” at the end of it).
39
In section 5 (judges and other members of the Upper Tribunal)—
a
omit subsection (1)(d); and
b
in subsection (2)—
i
at the end of paragraph (b) insert “or”; and
ii
omit paragraph (d) (together with the “or” immediately before it).
40
In section 39(1) (the general duty)—
a
at the end of paragraph (c) insert “and”; and
b
omit paragraph (e) (together with the “and” immediately before it).
41
Omit section 42(1)(c) (fees).
42
In section 43(3) (report by Senior President of Tribunals)—
a
at the end of paragraph (c) insert “and”; and
b
omit paragraph (e) (together with the “and” immediately before it).
43
In section 47(5)(c) (co-operation in relation to judicial training, guidance and welfare)—
a
at the end of sub-paragraph (ii) insert “or”; and
b
omit sub-paragraph (iv) (together with the “or” immediately before it).
44
Omit paragraph 12(1)(b) and (2)(c) of Schedule 1 (meaning of “tribunal member”).
45
In Schedule 2 (judges and other members of the First-tier Tribunal)—
a
in paragraph 6—
i
omit sub-paragraph (1)(f) (but not the “and” at the end of it); and
ii
in sub-paragraph (4)—
aa
at the end of paragraph (a) insert “and”; and
bb
omit paragraph (c) (together with the “and” immediately before it); and
b
in paragraph 7(1)—
i
at the end of paragraph (a) insert “or”; and
ii
omit paragraph (c) (together with the “or” immediately before it).
46
In Schedule 3 (judges and other members of the Upper Tribunal)—
a
omit paragraph 6(1)(d); and
b
omit paragraph 8(1)(b) (together with the “or” immediately before it).
47
In Schedule 4 (Chambers and Chamber Presidents: further provision)—
a
in paragraph 5(4)(c) omit “section 5(1)(d) (legally qualified member of Asylum and Immigration Tribunal),”; and
b
omit paragraph 13(1)(b) (but not the “and” at the end of it).