Page:Immigration Act 1971 (UKPGA 1971-77 qp).pdf/12

10c. 77

not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but—
 * (a) except in Scotland, the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence; and
 * (b) in Scotland, a person recommended for deportation may, without prejudice to any other form of appeal under any rule of law, appeal against the recommendation in the same manner as against a conviction.

(6) A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation.

(7) For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal.

7.—(1) Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom—
 * (a) shall not be liable to deportation under section 3(5)(b) if at the time of the Secretary of State's decision he had at all times since the coming into force of this Act been ordinarily resident in the United Kingdom and Islands; and
 * (b) shall not be liable to deportation under section 3(5)(a), (b) or (c) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands; and
 * (c) shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.

(2) A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.

(3) The “last five years” before the material time under subsection (1) (b) or (c) above is to be taken as a period amounting