Immigration Act 2016 (c. 19)

SCHEDULES

SCHEDULE 10 U.K. Immigration bail

Modifications etc. (not altering text)

C1 Sch. 10 applied by 1971 c. 77, Sch. 3 para. 2(5)-(7) (as substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(d); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

C2 Sch. 10 modified (15.1.2018 for specified purposes, 31.8.2021 for E.W. in so far as not already in force, 31.8.2022 for S.N.I. in so far as not already in force) by 1997 c. 68, Sch. 3 (as substituted by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2); S.I. 2021/939, reg. 2(b) (with Sch. para. 1, 2); S.I. 2022/863, regs. 1(2), 2(b))

C3 Sch. 10 applied by 2007 c. 30, s. 36(3A)-(3C) (as inserted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 40(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

C4 Sch. 10 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(b)(4)

PART 2 U.K. Amendments to other Acts

Special Immigration Appeals Commission Act 1997 (c. 68) U.K.

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

Commencement Information

I1 Sch. 10 para. 22 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

23 U.K. In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.

Commencement Information

I2 Sch. 10 para. 23 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

24 (1) Section 5 (procedure in relation to jurisdiction under sections 2 and 3) is amended as follows. U.K.

(2) In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.

(3) In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.

(4) In subsection (5A)—

(a) for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971” substitute “ immigration bail under Schedule 10 to the Immigration Act 2016 ”, and

(b) for “bail” in the second place it appears substitute “ immigration bail ”.

Commencement Information

I3 Sch. 10 para. 24 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

25 U.K. For Schedule 3 substitute—

Section 3

“SCHEDULE 3 U.K. Bail: Modifications of Schedule 10 to the Immigration Act 2016

1 Paragraph 1(3) (power to grant bail) has effect as if—

(a) for “The First-tier Tribunal” there were substituted “ The Special Immigration Appeals Commission ”, and

(b) for “the Tribunal” there were substituted “ the Commission ”.

2 Paragraph 2 (conditions of immigration bail) has effect as if—

(a) in sub-paragraphs (1)(a), (7) and (8) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

(b) in sub-paragraph (7) for “the Tribunal” there were substituted “ the Commission ”.

3 Paragraph 3 (exercise of power to grant immigration bail) has effect as if—

(a) in sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

(b) in sub-paragraph (5) for “the Tribunal” there were substituted “ the Commission ”.

4 Paragraph 4(2)(d) (arrangements under electronic monitoring condition) has effect as if for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”.

5 Paragraph 5(5) (payment of sum under financial condition) has effect as if for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”.

6 Paragraph 6 (power to vary bail conditions) has effect as if—

(a) in sub-paragraphs (3), (4), (6) and (7) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”,

(b) in sub-paragraph (5) for “The First-tier Tribunal” there were substituted “ The Special Immigration Appeals Commission, ”, and

(c) in sub-paragraphs (3), (4) and (6) for “the Tribunal” there were substituted “ the Commission ”.

7 Paragraph 7(1)(a)(ii) (removal etc of electronic monitoring condition: bail managed by Secretary of State) has effect as if—

(a) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

(b) for “the Tribunal” there were substituted “ the Commission ”.

8 Paragraph 8 (amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal) has effect as if—

(a) in sub-paragraphs (1)(a), (2), (3), (4) and (5) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

(b) in sub-paragraph (1)(a) for “the Tribunal” there were substituted “ the Commission ”.

9 Paragraph 10(10) (meaning of “relevant authority”) has effect as if for “the First-tier Tribunal” in both places there were substituted “ the Special Immigration Appeals Commission ”.”

Commencement Information

I4 Sch. 10 para. 25 in force at 15.1.2018 for specified purposes by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

I5 Sch. 10 para. 25 in force at 31.8.2021 for E.W. in so far as not already in force by S.I. 2021/939, reg. 2(b) (with Sch. paras. 1, 2)

I6 Sch. 10 para. 25 in force at 31.8.2022 for S.N.I. in so far as not already in force by S.I. 2022/863, regs. 1(2), 2(b)