The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010

• Citation: S.I. 2010/21
• Sections: 102

Section 1 Citation and commencement

This Order may be cited as the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 and comes into force on 15th February 2010.

Section 2 Transfer of functions and abolition of tribunal

(1) The functions of the Asylum and Immigration Tribunal are transferred to the First-tier Tribunal.

(2) The Asylum and Immigration Tribunal is abolished.

Section 3 Transfer of persons into the First-tier Tribunal and the Upper Tribunal

A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

Section 4 Transfer of Rules

The Asylum and Immigration Tribunal (Procedure) Rules 2005 and the Asylum and Immigration Tribunal (Procedure) (Fast-track) Rules 2005 have effect as if they were Tribunal Procedure Rules.

Section 5 Consequential and transitional provisions

(1) Schedule 1 contains consequential amendments to primary legislation as a consequence of the transfers effected by this Order.

(2) Schedule 2 contains consequential amendments to secondary legislation as a consequence of the transfers effected by this Order.

(3) Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

(4) Schedule 4 contains transitional and saving provisions.

Section 1 Immigration Act 1971

Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc. ) is amended as follows.

Section 2 Immigration Act 1971

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”.

Section 3 Immigration Act 1971

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.

Section 4 House of Commons Disqualification Act 1975

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry relating to the Asylum and Immigration Tribunal.

Section 5 Northern Ireland Assembly Disqualification Act 1975

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry relating to the Asylum and Immigration Tribunal.

Section 6 Race Relations Act 1976

In section 57A(5) of the Race Relations Act 1976 (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;

Section 7 British Nationality Act 1981

In section 40A of the British Nationality Act 1981 (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).

Section 8 Courts and Legal Services Act 1990

In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc barred from legal practice) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.

Section 9 Tribunals and Inquiries Act 1992

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council) omit the entry at paragraph 22 relating to immigration and asylum.

Section 10 Judicial Pensions and Retirement Act 1993

The Judicial Pensions and Retirement Act 1993 is amended as follows.

Section 11 Judicial Pensions and Retirement Act 1993

Omit section 26(12A)(g) (retirement date for holders of certain judicial offices etc).

Section 12 Judicial Pensions and Retirement Act 1993

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.

Section 13 Judicial Pensions and Retirement Act 1993

In Schedule 5 (retirement provisions: the relevant offices) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.

Section 14 Special Immigration Appeals Commission Act 1997

The Special Immigration Appeals Commission Act 1997 is amended as follows.

Section 15 Special Immigration Appeals Commission Act 1997

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”.

Section 16 Special Immigration Appeals Commission Act 1997

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”.

Section 17 Special Immigration Appeals Commission Act 1997

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”.

Section 18 Access to Justice Act 1999

In paragraph 2(1) of Schedule 2 to the Access to Justice Act 1999 (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).

Section 19 Immigration and Asylum Act 1999

In section 156(3) of the Immigration and Asylum Act 1999 (arrangements for the provision of escorts and custody) for paragraph (a) substitute—

(a) the First-tier Tribunal;

(b) the Upper Tribunal; and

Section 20 Nationality, Immigration and Asylum Act 2002

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

Section 21 Nationality, Immigration and Asylum Act 2002

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.

Section 22 Nationality, Immigration and Asylum Act 2002

For section 81 (the Asylum and Immigration Tribunal) substitute—

Meaning of “the Tribunal”

(81) In this Part “the Tribunal” means the First-tier Tribunal.

Section 23 Nationality, Immigration and Asylum Act 2002

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.

Section 24 Nationality, Immigration and Asylum Act 2002

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”.

Section 25 Nationality, Immigration and Asylum Act 2002

Omit sections 103A to 103E (procedure).

Section 26 Nationality, Immigration and Asylum Act 2002

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”.

Section 27 Nationality, Immigration and Asylum Act 2002

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”.

Section 28 Nationality, Immigration and Asylum Act 2002

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.

Section 29 Nationality, Immigration and Asylum Act 2002

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).

Section 30 Nationality, Immigration and Asylum Act 2002

Omit Schedule 4 (the Asylum and Immigration Tribunal).

Section 31 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows.

Section 32 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

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).

Section 33 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

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).

Section 34 Constitutional Reform Act 2005

In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (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.

Section 35 Immigration, Asylum and Nationality Act 2006

In section 55 (refugee convention: certification) of the Immigration, Asylum and Nationality Act 2006 —

(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.

Section 36 Tribunals, Courts and Enforcement Act 2007

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

Section 37 Tribunals, Courts and Enforcement Act 2007

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).

Section 38 Tribunals, Courts and Enforcement Act 2007

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).

Section 39 Tribunals, Courts and Enforcement Act 2007

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).

Section 40 Tribunals, Courts and Enforcement Act 2007

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).

Section 41 Tribunals, Courts and Enforcement Act 2007

Omit section 42(1)(c) (fees).

Section 42 Tribunals, Courts and Enforcement Act 2007

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).

Section 43 Tribunals, Courts and Enforcement Act 2007

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).

Section 44 Tribunals, Courts and Enforcement Act 2007

Omit paragraph 12(1)(b) and (2)(c) of Schedule 1 (meaning of “tribunal member”).

Section 45 Tribunals, Courts and Enforcement Act 2007

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).