The Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008

• Citation: S.I. 2008/310
• Sections: 5

Section 1 Citation and interpretation

(1) This Order may be cited at the Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008.

(2) In this Order—

“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006;

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

“the 1999 Act ” means the Immigration and Asylum Act 1999 ;

“the 1996 Act ” means the Asylum and Immigration Act 1996 ; and

“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 .

Section 2 Commencement

(1) Subject to article 5 the following provisions of the 2006 Act shall come into force on 29th February 2008—

(a) sections 15 to 18 to the extent to which they are not already in force (penalty for employment of adult subject to immigration control);

(b) sections 21 and 22 (offence of employing adult subject to immigration control);

(c) section 24 (employment of adult subject to immigration control: temporary admission);

(d) section 26 (repeal); and

(e) in Schedule 3, the entries relating to the 1996 Act.

(2) The following provisions of the 2006 Act shall come into force on 29th February 2008—

(a) section 50(3)(a) (repeal); and

(b) in Schedule 3, the entries relating to section 31A of the Immigration Act 1971.

Section 3 Commencement

The following provisions of the 2006 Act shall come in to force on 1st April 2008—

(a) subject to article 4, section 4 (entry clearance);

(b) section 33 (freight information: police powers) for the purposes of making an order under subsection (5)(a); and

(c) section 47 (removal: person with statutorily extended leave).

Section 4 Saving and Transitional Provision

Notwithstanding the commencement of section 4 of the 2006 Act and the substitution of section 88A of the 2002 Act and section 23 of the 1999 Act , section 4(1) (appeals: entry clearance) and section 4(2) of the 2006 Act (monitoring refusals of entry clearance) shall have effect only so far as they relate to applications of a kind identified in immigration rules as requiring to be considered under a “Points Based System”.

Section 5 Saving and Transitional Provision

(1) Notwithstanding the commencement of section 26 of the 2006 Act (repeal) the following provisions and instruments continue to have effect in relation to employment which commenced before 29th February 2008, including employment which continued on or after that date—

(a) sections 8 (restrictions on employment) and 8A (code of practice) of the 1996 Act ;

(b) any Code of Practice in force immediately before 29 th February 2008 under section 8A of the 1996 Act;

(c) the Immigration (Restrictions on Employment) Order 2004 ; and

(d) the Immigration (Restrictions on Employment) (Code of Practice) Order 2001 .

(2) Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act are of no effect in relation to employment of a kind mentioned in paragraph (1).