9.11.2017
A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004)
(b) the Secretary of State notifies the Commission that in his opinion the
further appeal is confined to calling into question one or more derogation
matters within the meaning of section 30 of this Act.
(4) For the purpose of the application of section 26(2) and (3) of this Act the
determination by the Commission of the appeal or review in connection with which the
further appeal is brought shall be treated as a final determination.
…
(9) Cancellation by the Commission of a certificate issued under section 21 shall not
prevent the Secretary of State from issuing another certificate, whether on the grounds of a
change of circumstance or otherwise.
…
28(1) The Secretary of State shall appoint a person to review the operation of sections 21
to 23.
(2) The person appointed under subsection (1) shall review the operation of those sections
not later than(a) the expiry of the period of 14 months beginning with the day on which
this Act is passed;
(b) one month before the expiry of a period specified in accordance with
section 29(2)(b) or (c).
(3) Where that person conducts a review under subsection (2) he shall send a report to the
Secretary of State as soon as is reasonably practicable.
(4) Where the Secretary of State receives a report under subsection (3) he shall lay a copy
of it before Parliament as soon as is reasonably practicable.
…
29(1) Sections 21 to 23 shall, subject to the following provisions of this section, expire at
the end of the period of 15 months beginning with the day on which this Act is passed.
(2) The Secretary of State may by order(a) repeal sections 21 to 23;
(b) revive those sections for a period not exceeding one year;
(c) provide that those sections shall not expire in accordance with subsection
(1) or an order under paragraph (b) or this paragraph, but shall continue in
force for a period not exceeding one year.
(3) An order under subsection (2)(a) must be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(4) An order may be made without compliance with subsection (3)(b) if it contains a
declaration by the Secretary of State that by reason of urgency it is necessary to make the
order without laying a draft before Parliament; in which case the orderhttp://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html
38/113
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents