PART 1Introduction and days appointed

Citation and interpretation1

1

This Order may be cited as the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014.

2

In this Order—

a

“the 1971 Act” means the Immigration Act 19712;

b

“the 2002 Act” means the Nationality, Immigration and Asylum Act 20023;

c

“the Act” means the Immigration Act 2014;

d

“the relevant provisions” means section 1 (removal of persons unlawfully in the UK), section 15 (right of appeal to First-tier Tribunal) and section 17(2) (place from which appeal may be brought or continued) of, and paragraphs 3, 4, 5, 6 and 7 and Part 4 of Schedule 9 (apart from paragraph 26(2), (3) and (5)) (transitional and consequential provision relating to appeals) to, the Act;

e

“the saved provisions” means section 10 of the Immigration and Asylum Act 19994, sections 62, 72 and 76, and Part 5 of the 2002 Act5, section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) Act 20046, section 47 of the Immigration, Asylum and Nationality Act 20067 and paragraph 19(10) of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 20128, as in force immediately prior to 20th October 2014.

Provisions coming into force on 20th October 2014 subject to saving provision2

The day appointed for the coming into force of the following provisions of the Act, subject to the saving provision in articles 9, 10 and 11, is 20th October 2014—

a

section 1;

b

section 15;

c

section 17(2);

d

section 73(6) (transitional and consequential provision) so far as is necessary for the purpose of the provisions listed in sub-paragraph (e);

e

paragraphs 1, 3, 4, 5, 6, 7, 9 and 10(2), and Part 4 of Schedule 9 to the extent not already commenced, apart from paragraph 26(2), (3) and (5).

Part 4 provisions coming into force on 20th October 20143

The day appointed for the coming into force of the following provisions of Part 4 of the Act (marriage and civil partnership), is 20th October 2014—

a

section 49 (exempt persons) so far as is necessary for the purpose of making regulations;

b

section 50 (conduct of investigation) so far as is necessary for the purpose of making regulations;

c

section 51 (investigations: supplementary) so far as is necessary for the purpose of making regulations;

d

section 52 (referral of proposed marriages and civil partnerships in England and Wales) so far as is necessary for the purpose of the provisions listed in sub-paragraph (e);

e

paragraphs 1 (so far as it relates to the following provisions listed in this paragraph) and 4, 7, 8, 10, 15, 17, 18, 20, 21, 23, 24, 27 and 28 of Schedule 4 (referral of proposed marriages and civil partnerships in England and Wales) so far as is necessary for the purpose of making regulations;

f

section 53 (extension of scheme to Scotland and Northern Ireland) so far as is necessary for the purpose of making orders;

g

section 54 (supplementary provisions) so far as is necessary for the purpose of making regulations;

h

Schedule 5 (sham marriage and civil partnerships: administrative regulations);

i

section 60 (regulations about evidence);

j

section 61 (notices).

Other provisions coming into force on 20th October 20144

The day appointed for the coming into force of the following provisions of the Act is 20th October 2014—

a

section 7(3), (4) and (6) (immigration bail: repeat applications and effect of removal directions);

b

section 16 (report by Chief Inspector on administrative review);

c

section 38 (immigration health charge);

d

section 63 (immigration advisers and immigration service providers) so far as is necessary for the purpose of the provisions listed in sub-paragraph (f);

e

section 73(6) (transitional and consequential provision) so far as is necessary for the purpose of the provision listed in sub-paragraph (g);

f

paragraphs 1 and 3 of Schedule 7;

g

paragraph 1 of Schedule 9.

Provisions coming into force on 17th November 20145

The day appointed for the coming into force of the following provisions of the Act is 17th November 2014—

a

section 63 (immigration advisers and immigration service providers) so far as is necessary for the purpose of the provisions listed in sub-paragraph (c);

b

section 73(6) (transitional and consequential provision) so far as it is necessary for the purpose of the provisions listed in sub-paragraph (d);

c

Schedule 7 (immigration advisers and immigration service providers) to the extent not already commenced;

d

Part 8 of Schedule 9 (transitional and consequential provision relating to immigration advisers and immigration service providers).

Provisions coming into force on 1st December 2014 in certain areas only6

1

The day appointed for the coming into force of the following provisions of the Act is 1st December 2014 in respect of premises located in the areas of the relevant local authorities specified in paragraph (2)—

a

section 20 (residential tenancy agreement);

b

section 21 (persons disqualified by immigration status or with limited right to rent);

c

section 22 (persons disqualified by immigration status not to be leased premises);

d

section 23 (penalty notices: landlords);

e

section 24 (excuses available to landlords);

f

section 25 (penalty notices: agents);

g

section 26 (excuses available to agents);

h

section 27 (eligibility period);

i

section 28 (penalty notices: general);

j

section 29 (objection);

k

section 30 (appeals);

l

section 31 (enforcement); and

m

Schedule 3 (excluded residential tenancy agreements).

2

The relevant local authorities are–

a

Birmingham City Council;

b

Dudley Metropolitan Borough Council;

c

Sandwell Metropolitan Borough Council;

d

Walsall Metropolitan Borough Council; and

e

Wolverhampton City Council.

Provisions coming into force on 1st December 20147

The day appointed for the coming into force of the following provisions of the Act is 1st December 2014—

a

section 32 (general matters);

b

section 33 (discrimination);

c

section 34 (orders);

d

section 35 (transitional provision);

e

section 36 (Crown application); and

f

section 37 (interpretation).

Provisions coming into force on 15th December 20148

The day appointed for the coming into force of the following provisions of the Act is 15th December 2014—

a

section 68 (fees);

b

section 69 (fees orders and fees regulations: supplemental);

c

section 73(6) (transitional and consequential provision) so far as it is necessary for the purpose of the provisions listed in sub-paragraph (d);

d

Part 11 of Schedule 9 (transitional and consequential provision relating to fees).