Modifications etc. (not altering text)
C1Sch. 2 modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I
C2Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))
Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)
Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.
Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)
C3Sch. 2 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(4) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(c))
Modifications etc. (not altering text)
C4Sch. 2 Pt. II amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.9: S.I. 1993/1655, art.2
Sch. 2 Pt. II extended (with modifications) (Isle of Man) (1.4.1997) by S.I. 1997/275, art. 2(1),Sch.
Sch. 2 Pt. II: power to modify conferred (11.6.1998) by 1997 c. 68, s. 5(4)(a); S.I. 1998/1336, art.2
Sch. 2 Pt. II extended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 paras.3(1), 4; S.I. 1998/1892, art.2
31(1)Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before [F1the Tribunal] , and it appears to [F2the Tribunal] , to be forfeited, [F3the Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [F3the Tribunal] thinks fit.U.K.
(2)An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.
(3)Where [F1the Tribunal] makes an order under this paragraph [F3the Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [F4proper officer] of the court specified in the order in pursuance of sub-paragraph (2) above.
[F5(3A)In sub-paragraph (3) “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the [F6designated officer] for the court; and
(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]
(4)Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [F7purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . . F8
(5)Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M1Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
Textual Amendments
F1Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(b); S.I. 2005/565, art. 2 (with arts. 3-9)
F2Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(c); S.I. 2005/565, art. 2 (with arts. 3-9)
F3Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(d); S.I. 2005/565, art. 2 (with arts. 3-9)
F4Words in Sch. 2 para. 31(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(4) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F5Sch. 2 para. 31(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(5) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F6Words in Sch. 2 para. 31(3A)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(2); S.I. 2005/910, art. 3(y)(bb)
F7Words in Sch. 2 para. 31(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(3); S.I. 2005/910, art. 3(y)(bb)
F8Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
Modifications etc. (not altering text)
C5Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para. 3; S.I. 1996/2053, art. 2, Sch. Pt. II)
Sch. 2 para. 31 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 6; S.I. 1998/1892, art. 2
Marginal Citations
32U.K.Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before [F9the Tribunal] , [F10the Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [F11the Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.
Textual Amendments
F9Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(b); S.I. 2005/565, art. 2 (with arts. 3-9)
F10Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(d); S.I. 2005/565, art. 2 (with arts. 3-9)
F11Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(e); S.I. 2005/565, art. 2 (with arts. 3-9)
Modifications etc. (not altering text)
C6Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)
Sch. 2 para. 32 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.7; S.I. 1998/1892, art.2