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Section 1.
1 (1) The Special Immigration Appeals Commission shall consist of such number of members appointed by the Lord Chancellor as he may determine.
(2) A member of the Commission shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
(3) A member of the Commission may resign his office at any time by notice in writing to the Lord Chancellor.
2 The Lord Chancellor shall appoint one of the members of the Commission to be its chairman.
3 (1) The Lord Chancellor may pay to the members of the Commission such remuneration and allowances as he may determine.
(2) The Lord Chancellor may, if he thinks fit in the case of any member of the Commission pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.
(3) If a person ceases to be a member of the Commission and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.
4 The Commission shall sit at such times and in such places as the Lord Chancellor may direct and may sit in two or more divisions.
5 The Commission shall be deemed to be duly constituted if it consists of three members of whom—
(a) at least one holds or has held high judicial office (within the meaning of the [1876 c. 59.] Appellate Jurisdiction Act 1876), and
(b) at least one is or has been—
(i) appointed as chief adjudicator under paragraph 1 of Schedule 5 to the [1971 c. 77.] Immigration Act 1971, or
(ii) a member of the Immigration Appeal Tribunal qualified as mentioned in paragraph 7 of that Schedule.
6 The chairman or, in his absence, such other member of the Commission as he may nominate, shall preside at sittings of the Commission and report its decisions.
7 The Lord Chancellor may appoint such officers and servants for the Commission as he thinks fit.
8 The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 7 above and such expenses of the Commission as he thinks fit.
Section 2.
1 The limitation on the taking effect of a variation and on a requirement to leave the United Kingdom contained in section 14(1) of the [1971 c. 77.] Immigration Act 1971 shall have effect as if appeals under any of the following provisions of section 2(1) above were appeals under section 14(1) of the 1971 Act—
(a) paragraph (b),
(b) paragraph (f), and
(c) paragraph (g), so far as relating to section 8(2) of the [1993 c. 23.] Asylum and Immigration Appeals Act 1993.
2 In section 15(2) of the Immigration Act 1971 references to an appeal against a decision to make a deportation order shall include references to an appeal against such a decision under any of the following provisions of section 2(1) above—
(a) paragraph (c),
(b) paragraph (e), and
(c) paragraph (g), so far as relating to section 8(3)(a) of the Asylum and Immigration Appeals Act 1993.
3 (1) Part II of Schedule 2 to the Immigration Act 1971 shall have effect as if the references to appeals under section 13(1) of that Act included appeals under any of the following provisions of section 2(1) above—
(a) paragraph (a),
(b) paragraph (d), and
(c) paragraph (g), so far as relating to section 8(1) of the Asylum and Immigration Appeals Act 1993,
and as if sub-paragraph (5) of paragraph 28 of Schedule 2 were omitted.
(2) Paragraph 3 of Schedule 3 to the Immigration Act 1971 shall have effect as if the reference to appeals under section 15(1)(a) of the 1971 Act included appeals under any of the following provisions of section 2(1) above—
(a) paragraph (c),
(b) paragraph (e), and
(c) paragraph (g), so far as relating to section 8(3)(a) of the Asylum and Immigration Appeals Act 1993.
4 For the purposes of the Immigration Act 1971 as applied by paragraphs 1 to 3 above, an appeal under section 2 above shall be treated as pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn; and an appeal shall not be treated as finally determined so long as a further appeal can be brought by virtue of section 7 above, nor, if such an appeal is duly brought, until it is determined or withdrawn.
5 Where a person brings an appeal under section 2(1)(g) above, the Special Immigration Appeals Commission shall in the same proceedings deal with—
(a) any appeal against the refusal, variation or decision (as the case may be) which the person is entitled to bring under—
(i) Part II of the [1971 c. 77.] Immigration Act 1971, or
(ii) the [S.I. 1994/1895.] Immigration (European Economic Area) Order 1994,
on any other ground on which he seeks to rely, and
(b) any appeal brought by the person under that Part of that Act or that Order against any other decision or action.
6 Section 18 of the Immigration Act 1971 shall have effect as if section 2 above were contained in Part II of that Act.
7 Section 23 of the Immigration Act 1971 shall have effect as if section 2 above were contained in Part II of that Act.
Special Immigration Appeals Commission Act 1997