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Immigration Act 2016

Type Public General Act

Publication 2016-05-12

Last updated 2026-03-05

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) in paragraph (b) for “specified in the application” substitute “ mentioned in subsection (1A) ”, and

(b) at the end of paragraph (e) insert “ in relation to each set of premises specified in the application, ”.

(3) After subsection (1) insert—

(1A) The premises referred to in subsection (1)(b) above are— (a) one or more sets of premises specified in the application, or (b) subject to subsection (2A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (1B) If the application is for an all premises warrant, the justice of the peace must also be satisfied— (a) that because of the particulars of the offence referred to in paragraph (a) of subsection (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection, and (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched. (1C) Subject to subsection (2A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant. (1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(4) In subsection (2) after “conditions” insert “ referred to in subsection (1)(e) ”.

(5) After subsection (2) insert—

(2A) A justice of the peace in Scotland may not issue— (a) an all premises warrant under this section, or (b) a warrant under this section authorising multiple entries.

(6) In subsection (7)—

(a) for “subsection (1)” substitute “ this section ”,

(b) in paragraph (a) for “the reference” substitute “ references ” and for “a reference” substitute “ references ”, and

3

(1) Section 28FB (search for personnel records with warrant) is amended as follows.

(2) In subsection (1)—

(a) after “business premises” insert “ mentioned in subsection (1A) ”, and

(b) at the end of paragraph (c) insert “ in relation to each set of premises specified in the application. ”

(3) After subsection (1) insert—

(1A) The premises referred to in subsection (1) above are— (a) one or more sets of premises specified in the application, or (b) subject to subsection (3C), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (1B) If the application is for an all premises warrant, the justice of the peace must also be satisfied— (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the records referred to in subsection (1)(b), and (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

(4) In subsection (2) for “Those conditions are” substitute “ The conditions referred to in subsection (1)(c) are ”.

(5) After subsection (3) insert—

(3A) Subject to subsection (3C), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant. (3B) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum. (3C) A justice of the peace in Scotland may not issue— (a) an all premises warrant under this section, or (b) a warrant under this section authorising multiple entries.

4

(1) Section 28J (search warrants: safeguards) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

(aa) if the application is for a warrant authorising entry and search on more than one occasion, state the ground on which the officer applies for such a warrant, and whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;

, and

(b) for paragraph (b) substitute—

(b) specify the matters set out in subsection (2A) below; and

(3) After subsection (2) insert—

(2A) The matters which must be specified pursuant to subsection (2)(b) above are— (a) if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search; (b) if the application relates to any premises occupied or controlled by a person specified in the application— (i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify; (ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search; (iii) why it is necessary to search more premises than those specified under sub-paragraph (i); (iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search.

(4) In subsection (6) at the end insert “ unless it specifies that it authorises multiple entries ”.

(5) After subsection (6) insert—

(6A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

(6) In subsection (7) for paragraph (c) substitute—

(c) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under the person's occupation or control which can be specified and which are to be searched; and

(7) For subsection (9) substitute—

(9) Two copies must be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.

(8) After subsection (10) insert—

(10A) All premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2. (10B) References in this section to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.

5

(1) Section 28K (execution of warrants) is amended as follows.

(2) After subsection (2) insert—

(2A) A person so authorised has the same powers as the officer whom the person accompanies in respect of— (a) the execution of the warrant, and (b) the seizure or detention of anything to which the warrant relates. (2B) But the person may exercise those powers only in the company, and under the supervision, of an immigration officer.

(3) In subsection (3) for “one month” substitute “ three months ”.

(4) After subsection (3) insert—

(3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless an immigration officer of at least the rank of chief immigration officer has in writing authorised them to be entered. (3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless an immigration officer of at least the rank of chief immigration officer has in writing authorised that entry to those premises.

(5) In subsection (4)(a) after “and” insert “ , if not in uniform, ”.

(6) After subsection (8) insert—

(8A) Unless the warrant is a warrant specifying one set of premises only, the officer must comply with subsection (8) separately in respect of each set of premises entered and searched. (8B) Subject to subsection (8C), a warrant must be returned in accordance with subsection (9)— (a) when it has been executed, or (b) in the case of a specific premises warrant which has not been executed, an all premises warrant or any warrant authorising multiple entries, on the expiry of the period of three months referred to in subsection (3) or sooner. (8C) Subsection (8B) does not apply to a warrant issued by a justice of the peace in Scotland or by the sheriff if the warrant has been executed.

(7) In subsection (9) for the words from “A warrant” to “its execution,” substitute “ The warrant ”.

(8) After subsection (13) insert—

(13A) In subsection (8B)— - “specific premises warrant” means a warrant which is not an all premises warrant; - “all premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2. (13B) The reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.

6

(1) Paragraph 25A of Schedule 2 (search of premises for nationality documents) is amended as follows.

(2) In sub-paragraph (6A)—

(a) for “specified in the application” substitute “ mentioned in sub-paragraph (6AA) ”, and

(b) at the end of paragraph (b) insert “ in relation to each set of premises specified in the application, ”.

(3) After sub-paragraph (6A) insert—

(6AA) The premises referred to in sub-paragraph (6A) above are— (a) one or more sets of premises specified in the application, or (b) subject to sub-paragraph (6BA), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (6AB) If the application is for an all premises warrant, the justice of the peace must also be satisfied— (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the relevant documents, and (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched. (6AC) Subject to sub-paragraph (6BA), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant. (6AD) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(4) In sub-paragraph (6B) after “conditions” insert “ mentioned in sub-paragraph (6A)(b) ”.

(5) After sub-paragraph (6B) insert—

(6BA) A justice of the peace in Scotland may not issue— (a) an all premises warrant under this paragraph, or (b) a warrant under this paragraph authorising multiple entries.

(6) In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “ sub-paragraphs (6A) to (6BA) ”.

UK Borders Act 2007 (c. 30)

7

(1) Section 45 of the UK Borders Act 2007 (search of premises for nationality documents) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (b) for “specified in the application” substitute “ mentioned in subsection (2A) ”, and

(b) at the end of paragraph (d) insert “ in relation to each set of premises specified in the application, ”.

(3) After subsection (2) insert—

(2A) The premises referred to in subsection (2)(b) above are— (a) one or more sets of premises specified in the application, or (b) subject to subsection (3A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (2B) If the application is for an all premises warrant, the justice of the peace must also be satisfied— (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the nationality documents, and (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched. (2C) Subject to subsection (3A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant. (2D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(4) In subsection (3) after “conditions” insert “ mentioned in subsection (2)(d) ”.

(5) After subsection (3) insert—

(3A) A justice of the peace in Scotland may not issue— (a) an all premises warrant under this section, or (b) a warrant under this section authorising multiple entries.

SCHEDULE 9

This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—

SCHEDULE 10

PART 1 — Main provisions

Power to grant immigration bail

1

(1) The Secretary of State may grant a person bail if—

(a) the person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),

(b) the person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),

(c) the person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), or

(d) the person is being detained under section 36(1) of the UK Borders Act 2007 (detention pending deportation).

(2) The Secretary of State may grant a person bail if the person is liable to detention under a provision mentioned in sub-paragraph (1).

(3) The First-tier Tribunal may, on an application made to the Tribunal for the grant of bail to a person, grant that person bail if—

(a) the person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971,

(b) the person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act,

(d) the person is being detained under section 36(1) of the UK Borders Act 2007.

(4) In this Schedule references to the grant of immigration bail, in relation to a person, are to the grant of bail to that person under any of sub-paragraphs (1) to (3) or under paragraph 10(12) or (13) (release following arrest for breach of bail conditions).

(5) A person may be granted and remain on immigration bail even if the person can no longer be detained, if—

(a) the person is liable to detention under a provision mentioned in sub-paragraph (1), or

(b) the Secretary of State is considering whether to make a deportation order against the person under section 5(1) of the Immigration Act 1971.

(6) A grant of immigration bail to a person does not prevent the person's subsequent detention under a provision mentioned in sub-paragraph (1).

(7) For the purposes of this Schedule a person is on immigration bail from when a grant of immigration bail to the person commences to when it ends.

(8) A grant of immigration bail to a person ends when—

(a) in a case where sub-paragraph (5) applied to the person, that sub-paragraph no longer applies to the person,

(b) the person is granted leave to enter or remain in the United Kingdom,

(d) the person is removed from or otherwise leaves the United Kingdom.

(9) This paragraph is subject to paragraph 3 (exercise of power to grant immigration bail).

Conditions of immigration bail

2

(1) Subject to sub-paragraph (2), if immigration bail is granted to a person, it must be granted subject to one or more of the following conditions—

(a) a condition requiring the person to appear before the Secretary of State or the First-tier Tribunal at a specified time and place;

(b) a condition restricting the person's work, occupation or studies in the United Kingdom;

(d) a condition requiring the person to report to the Secretary of State or such other person as may be specified;

(e) an electronic monitoring condition (see paragraph 4);

(ea) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;

(eb) a condition requiring the person to remain within a particular area;

(ec) a condition prohibiting the person from being in a particular area;

(f) such other conditions as the person granting the immigration bail thinks fit.

(2) Sub-paragraph (3) applies in place of sub-paragraph (1) in relation to a person who is being detained under a provision mentioned in paragraph 1(1)(b) or (d) or who is liable to detention under such a provision.

(3) If immigration bail is granted to such a person—

(a) subject to sub-paragraphs (5) to (9), it must be granted subject to an electronic monitoring condition,

(b) if, by virtue of sub-paragraph (5) or (7), it is not granted subject to an electronic monitoring condition, it must be granted subject to one or more of the other conditions mentioned in sub-paragraph (1), and

(c) if it is granted subject to an electronic monitoring condition, it may be granted subject to one or more of those other conditions.

(4) Immigration bail granted in accordance with sub-paragraph (1) or (3) may also be granted subject to a financial condition (see paragraph 5).

(5) Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the Secretary of State if the Secretary of State considers that to impose an electronic monitoring condition on the person would be—

(a) impractical, or

(b) contrary to the person's Convention rights.

(6) Where sub-paragraph (5) applies, the Secretary of State must not grant immigration bail to the person subject to an electronic monitoring condition.

(7) Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal if the Secretary of State informs the Tribunal that the Secretary of State considers that to impose an electronic monitoring condition on the person would be—

(a) impractical, or

(b) contrary to the person's Convention rights.

(8) Where sub-paragraph (7) applies, the First-tier Tribunal must not grant immigration bail to the person subject to an electronic monitoring condition.

(9) In considering for the purposes of this Schedule whether it would be impractical to impose an electronic monitoring condition on a person, or would be impractical for a person to continue to be subject to such a condition, the Secretary of State may in particular have regard to—

(a) any obstacles to making arrangements of the kind mentioned in paragraph 4 in relation to the person,

(b) the resources that are available for imposing electronic monitoring conditions on persons to whom sub-paragraph (2) applies and for managing the operation of such conditions in relation to such persons,

(c) the need to give priority to the use of those resources in relation to particular categories of persons to whom that sub-paragraph applies, and

(d) the matters listed in paragraph 3(2) as they apply to the person.

(10) In this Schedule “Convention rights” is to be construed in accordance with section 1 of the Human Rights Act 1998.

(11) In this Schedule “bail condition”, in relation to a person on immigration bail, means a condition to which the person's bail is subject.

Exercise of power to grant immigration bail

3

(1) The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining—

(a) whether to grant immigration bail to a person, and

(b) the conditions to which a person's immigration bail is to be subject.

(2) Those matters are—

(a) the likelihood of the person failing to comply with a bail condition,

(b) whether the person has been convicted of an offence (whether in or outside the United Kingdom or before or after the coming into force of this paragraph),

(d) the likelihood of the person's presence in the United Kingdom, while on immigration bail, causing a danger to public health or being a threat to the maintenance of public order,

(e) whether the person's detention is necessary in that person's interests or for the protection of any other person,

(ea) whether the person has failed without reasonable excuse to cooperate with any process—

(i) for determining whether the person requires or should be granted leave to enter or remain in the United Kingdom,

(ii) for determining the period for which the person should be granted such leave and any conditions to which it should be subject,

(iii) for determining whether the person’s leave to enter or remain in the United Kingdom should be varied, curtailed, suspended or cancelled,

(iv) for determining whether the person should be removed from the United Kingdom, or

(v) for removing the person from the United Kingdom, and

(f) such other matters as the Secretary of State or the First-tier Tribunal thinks relevant.

(3) A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.

(4) A person must not be granted immigration bail by the First-tier Tribunal without the consent of the Secretary of State if—

(a) directions for the removal of the person from the United Kingdom are for the time being in force, and

(b) the directions require the person to be removed from the United Kingdom within the period of 21 days beginning with the date of the decision on whether the person should be granted immigration bail.

(5) If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal must give the person notice of the decision.

(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.

(7) Where the decision is to grant immigration bail, a notice under sub-paragraph (5) or (6) must state—

(a) when the grant of immigration bail commences, and

(b) the bail conditions.

(8) The commencement of a grant of immigration bail may be specified to be conditional on arrangements specified in the notice being in place to ensure that the person is able to comply with the bail conditions.

Electronic monitoring condition

4

(1) In this Schedule an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—

(a) P's location at specified times, during specified periods of time or while the arrangements are in place;

(b) P's presence in a location at specified times, during specified periods of time or while the arrangements are in place;

(c) P's absence from a location at specified times, during specified periods of time or while the arrangements are in place.

(2) The arrangements may in particular—

(a) require P to wear a device;

(b) require P to make specified use of a device;

(d) involve the exercise of functions by persons other than the Secretary of State or the First-tier Tribunal.

(3) If the arrangements require P to wear, or make specified use of, a device they must—

(a) prohibit P from causing or permitting damage to, or interference with the device, and

(b) prohibit P from taking or permitting action that would or might prevent the effective operation of the device.

(4) In this paragraph “specified” means specified in the arrangements.

(5) An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.

Financial condition

5

(1) In this Schedule a “financial condition” means a condition requiring the payment of a sum of money by the person to whom immigration bail is granted (“P”) or another person, in a case where P fails to comply with another condition to which P's immigration bail is subject.

(2) A financial condition may be imposed on P only if the person imposing the condition thinks that it would be appropriate to do so with a view to ensuring that P complies with the other bail conditions.

(3) The financial condition must specify—

(a) the sum of money required to be paid,

(b) when it is to be paid, and

(4) A sum to be paid under a financial condition is to be paid to the person who granted the immigration bail, subject to sub-paragraph (5).

(5) If the First-tier Tribunal has directed that the power in paragraph 6(1) (power to vary bail conditions) is to be exercisable by the Secretary of State in relation to P, the sum is to be paid to the Secretary of State.

(6) No sum is required to be paid under a financial condition unless the person who is liable to make a payment under it has been given an opportunity to make representations to the person to whom it is to be paid.

(7) In England and Wales a sum payable under a financial condition is recoverable as if it were payable under an order of the county court in England and Wales.

(8) In Scotland a sum payable under a financial condition may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(9) In Northern Ireland a sum payable under a financial condition is recoverable as if it were payable under an order of a county court in Northern Ireland.

(10) Where action is taken under this paragraph for the recovery of a sum payable under a financial condition, the requirement to pay the sum is—

(a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

Power to vary bail conditions

6

(1) Subject to this paragraph and to paragraphs 7 and 8, where a person is on immigration bail—

(a) any of the conditions to which it is subject may be amended or removed, or

(b) one or more new conditions of the kind mentioned in paragraph 2(1) or (4) may be imposed on the person.

(2) The power in sub-paragraph (1) is exercisable by the person who granted the immigration bail, subject to sub-paragraphs (3) and (4).

(3) The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal if the Tribunal so directs.

(4) If the First-tier Tribunal gives a direction under sub-paragraph (3), the Tribunal may not exercise the power in sub-paragraph (1) in relation to the person.

(5) The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.

(6) If the Secretary of State or the First-tier Tribunal exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal must give notice to the person who is on immigration bail.

(7) Where the First-tier Tribunal is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.

Removal etc of electronic monitoring condition: bail managed by Secretary of State

7

(1) This paragraph applies to a person who—

(a) is on immigration bail—

(i) pursuant to a grant by the Secretary of State, or

(ii) pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and

(b) before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).

(2) Where the person is subject to an electronic monitoring condition, the Secretary of State—

(a) must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to remove the condition.

(3) This sub-paragraph applies if the Secretary of State considers that—

(a) it would be impractical for the person to continue to be subject to the condition, or

(b) it would be contrary to that person's Convention rights for the person to continue to be subject to the condition.

(4) If, by virtue of paragraph 2(5) or (7) or this paragraph, the person is not subject to an electronic monitoring condition, the Secretary of State—

(a) must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.

(5) This sub-paragraph applies if, having considered whether it would be impractical or contrary to the person's Convention rights to impose such a condition on the person, the Secretary of State—

(a) does not consider that it would be impractical to do so, and

(b) does not consider that it would be contrary to the person's Convention rights to do so.

Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal

8

(1) This paragraph applies to a person who—

(a) is on immigration bail pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and

(b) before the person was granted immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).

(2) Where the person is subject to an electronic monitoring condition, the First-tier Tribunal—

(a) must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to remove the condition.

(3) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State considers that—

(a) it would be impractical for the person to continue to be subject to the condition, or

(b) it would be contrary to that person's Convention rights for the person to continue to be subject to the condition.

(4) If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal—

(a) must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.

(5) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State—

(a) does not consider that it would be impractical to impose such a condition on the person, and

(b) does not consider that it would be contrary to the person's Convention rights to impose such a condition on the person.

Powers of Secretary of State to enable person to meet bail conditions

9

(1) Sub-paragraph (2) applies where—

(a) a person is on immigration bail subject to a condition requiring the person to reside at an address specified in the condition, and

(b) the person would not be able to support himself or herself at the address unless the power in sub-paragraph (2) were exercised.

(2) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of that person at that address.

(3) But the power in sub-paragraph (2) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the exercise of the power.

(4) The Secretary of State may make a payment to a person on immigration bail in respect of travelling expenses which the person has incurred or will incur for the purpose of complying with a bail condition.

(5) But the power in sub-paragraph (4) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the making of the payment.

Arrest for breach of immigration bail

10

(1) An immigration officer or a constable may arrest without warrant a person on immigration bail if the immigration officer or constable—

(a) has reasonable grounds for believing that the person is likely to fail to comply with a bail condition, or

(b) has reasonable grounds for suspecting that the person is failing, or has failed, to comply with a bail condition.

(2) Sub-paragraph (3) applies if an appropriate judicial officer is satisfied that there are reasonable grounds for believing that a person liable to be arrested under this paragraph is to be found on any premises.

(3) The appropriate judicial officer may issue a warrant authorising any immigration officer or constable to enter, by reasonable force if necessary, the premises named in the warrant for the purposes of searching for and arresting that person.

(4) Sections 28J and 28K of the Immigration Act 1971 (warrants: application and execution) apply, with any necessary modifications, to warrants under sub-paragraph (3).

(5) Sub-paragraph (6) applies where—

(a) a warrant under this paragraph is issued for the purposes of the arrest of a person under this paragraph, and

(b) an immigration officer or a constable enters premises in reliance on the warrant and detains a person on the premises.

(6) A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.

(7) In sub-paragraph (6)—

“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (detained persons: escort and custody), and

“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

(8) Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and search of persons and premises) apply in relation to a person arrested under this paragraph as they apply in relation to a person arrested under that Schedule.

(9) A person arrested under this paragraph—

(a) must, as soon as is practicable after the person's arrest, be brought before the relevant authority, and

(b) may be detained under the authority of the Secretary of State in the meantime.

(10) The relevant authority is—

(a) the Secretary of State, if the Secretary of State granted immigration bail to the arrested person or the First-tier Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State in relation to that person, or

(b) otherwise, the First-tier Tribunal.

(11) Where an arrested person is brought before the relevant authority, the relevant authority must decide whether the arrested person has broken or is likely to break any of the bail conditions.

(12) If the relevant authority decides the arrested person has broken or is likely to break any of the bail conditions, the relevant authority must—

(a) direct that the person is to be detained under the provision mentioned in paragraph 1(1) under which the person is liable to be detained, or

(b) grant the person bail subject to the same or different conditions, subject to sub-paragraph (14).

(13) If the relevant authority decides the person has not broken and is not likely to break any of the bail conditions, the relevant authority must grant the person bail subject to the same conditions (but this is subject to sub-paragraph (14), and does not prevent the subsequent exercise of the powers in paragraph 6).

(14) The power in sub-paragraph (12) to grant bail subject to the same conditions and the duty in sub-paragraph (13) to do so do not affect the requirement for the grant of bail to comply with paragraph 2.

(15) In this paragraph—

“appropriate judicial officer” means—in relation to England and Wales, a justice of the peace;in relation to Scotland, the sheriff or a justice of the peace;in relation to Northern Ireland, a lay magistrate;

“premises”—in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;in relation to Scotland, has the same meaning as in section 412 of the Proceeds of Crime Act 2002;in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)).

Duty to arrange consideration of bail

11

(1) Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal for the Tribunal to decide whether to grant bail to a person if—

(a) the person is being detained under a provision mentioned in paragraph 1(1)(a) or (c), and

(b) the period of four months beginning with the relevant date has elapsed.

(2) In sub-paragraph (1)(b) “the relevant date” means—

(a) the date on which the person's detention began, or

(b) if a relevant event has occurred in relation to the person since that date, the last date on which such an event has occurred in relation to the person.

(3) The following are relevant events in relation to a person for the purposes of sub-paragraph (2)(b)—

(a) consideration by the First-tier Tribunal of whether to grant immigration bail to the person;

(b) withdrawal by the person of an application for immigration bail treated as made by the person as the result of a reference under this paragraph;

(4) The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person—

(a) includes such consideration regardless of whether there is a hearing or the First-tier Tribunal makes a determination in the case in question;

(b) includes the dismissal of an application by virtue of provision made under paragraph 12(2).

(5) The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person does not include such consideration in a case where—

(a) the person has made an application for bail, other than one treated as made by the person as the result of a reference under this paragraph, and

(b) the First-tier Tribunal is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State's consent to bail).

(6) The duty in sub-paragraph (1) to arrange a reference does not apply if—

(a) section 3(2) of the Special Immigration Appeals Commission Act 1997 (persons detained in interests of national security etc) applies to the person, or

(b) the person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person's case to be referred to the First-tier Tribunal under this paragraph.

(7) A reference to the First-tier Tribunal under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).

Tribunal Procedure Rules

12

(1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.

(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—

(a) is an application to which sub-paragraph (3) applies, but

(b) is not an application to which sub-paragraph (4) applies.

(3) This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).

(4) This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person's circumstances.

Transitional provision

13

(1) Regulations under section 92(1) may, in particular, provide for a person to whom this sub-paragraph applies to be treated, for such purposes as may be specified, as having been granted immigration bail in such circumstances and subject to such conditions as may be specified.

(2) Sub-paragraph (1) applies to a person who, at the specified time, was not in detention on the basis that—

(a) the person had been temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the Immigration Act 1971,

(b) the person had been released from detention under that paragraph,

(c) the person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, was not so detained,

(d) the person was liable to be detained under paragraph 2(2) or (3) of that Schedule but was not so detained,

(e) the person had been released from detention under section 36(3) of the UK Borders Act 2007, or

(f) the person had been released on bail from detention under any provision of the Immigration Acts.

(3) Regulations under section 92(1) may, in particular—

(a) make provision about the circumstances in which the power in paragraph 6(1) may or must be exercised so as to impose an electronic monitoring condition on a person to whom this sub-paragraph applies;

(b) enable the Secretary of State to exercise a discretion in determining whether an electronic monitoring condition should be imposed on such a person,

and may, in particular, do so by providing for paragraph 7 or 8 to have effect with modifications in relation to such a person.

(4) Sub-paragraph (3) applies to a person who—

(a) by virtue of regulations under section 92(1) is treated as having been granted immigration bail as a result of falling within—

(i) sub-paragraph (2)(c), (d) or (e), or

(ii) sub-paragraph (2)(f) on the basis that the person had been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971,

(b) is not treated as being subject to an electronic monitoring condition, and

(5) Sub-paragraph (3) applies to a person who—

(a) is on immigration bail pursuant to a grant before the coming into force of paragraph 2(2) and (3), or the coming into force of those provisions in relation to grants of that kind,

(b) before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d), and

(6) In this paragraph “specified” means specified in regulations under section 92(1).

PART 2 — Amendments to other Acts

Immigration Act 1971 (c. 77)

14

The Immigration Act 1971 is amended as follows.

15

In section 11(1) (construction of references to entry)—

(a) omit “, or temporarily admitted or released while liable to detention,”,

(b) omit “or by Part III of the Immigration and Asylum Act 1999”, and

(c) for “or by section 68 of the Nationality, Immigration and Asylum Act 2002” substitute “ or on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 ”.

16

(1) Section 24 (illegal entry and other similar offences) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (e), and

(b) at the end of paragraph (g) insert

; (h) if the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule.

(3) In subsection (3) for “28” substitute “ 28(1) ”.

(4) After that subsection insert—

(3A) The extended time limit for prosecutions which is provided for by section 28(1A) below shall apply to offences under subsection (1)(h) above.

17

(1) Section 28 (proceedings for offences) is amended as follows.

(2) In subsection (1) for “24” substitute “ 24(3) ”.

(3) After that subsection insert—

(1A) Where the offence is one to which, under section 24(3A), an extended time limit for prosecutions is to apply, then— (a) an information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid— (i) within the period of six months beginning with the date of the commission of the offence, or (ii) within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i), (b) summary proceedings for the offence may in Scotland be commenced— (i) within the period of six months beginning with the date of the commission of the offence, or (ii) within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i), and (c) a complaint charging the commission of an offence under this paragraph may in Northern Ireland be heard and determined by a magistrates' court if it is made— (i) within the period of six months beginning with the date of the commission of the offence, or (ii) within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i).

(4) In subsection (2) for “subsection (1)(b)” substitute “ subsections (1)(b) and (1A)(b) ”.

18

In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “ (f) or (h) ”.

19

In section 28D(4) (meaning of “relevant offence”) for “(e) or (f)” substitute “ (f) or (h) ”.

20

In Schedule 2 (administrative provisions as to control on entry etc) omit paragraphs 21 to 25 and 29 to 34.

21

(1) Schedule 3 (supplementary provisions as to deportation) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)—

(i) omit the words from “, unless” in the first place it appears to “below,”, and

(ii) for the words from “unless” in the second place it appears to the end of the sub-paragraph substitute

unless— (a) the court by which the recommendation is made grants bail to the person, or (b) the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.”,

(b) in sub-paragraph (1A) for the words from “direct” to the end of the sub-paragraph substitute “ release the person on bail without setting aside the recommendation. ”,

(c) in sub-paragraph (3) for the words from “unless” to the end of the sub-paragraph substitute “ unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016. ”, and

(d) for sub-paragraphs (4A) to (6) substitute—

(5) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A). (6) If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule. (7) A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.

(3) Omit paragraphs 3 to 10.

Special Immigration Appeals Commission Act 1997 (c. 68)

22

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

23

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

24

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

(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 ”.

25

For Schedule 3 substitute—

SCHEDULE 3 (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 ”.

Immigration and Asylum Act 1999 (c. 33)

26

The Immigration and Asylum Act 1999 is amended as follows.

27

In section 10(9) (removal of persons unlawfully in the United Kingdom: application of Schedule 2 to the Immigration Act 1971) omit paragraphs (h) and (i).

28

In section 53 (applications for bail in immigration cases) omit subsection (4).

29

In section 95(9A) (support for asylum seekers etc: matters to which conditions may relate) in paragraph (b) for the words from “restriction” to the end of the paragraph substitute “ condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail). ”

30

(1) Section 141 (fingerprinting: persons temporarily admitted to the United Kingdom) is amended as follows.

(2) In subsection (7)(b) for “temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act” substitute “ granted immigration bail under Schedule 10 to the Immigration Act 2016 ”.

(3) In subsection (8)(b) for “admit him temporarily” substitute “ grant him bail ”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

31

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

32

(1) Section 23 (power for residence restriction to include requirement to reside at accommodation centre) is amended as follows.

(2) In subsection (1) for “restriction” substitute “ condition ”.

(3) For subsection (2) substitute—

(2) In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.

(4) In subsection (4) for “restriction” substitute “ condition ”.

33

In section 30 (conditions of residence at accommodation centres) in subsection (7) for the words from “restriction” to the end of the subsection substitute “ condition imposed under Schedule 10 to the Immigration Act 2016. ”

34

(1) Section 62 (detention by the Secretary of State) is amended as follows.

(2) In subsection (3) omit paragraph (b) (but not the “and” at the end of it).

(3) Omit subsection (4).

35

Omit sections 68 (bail) and 69 (reporting restriction: travel expenses).

36

(1) Section 70 (power for residence restriction to take account of induction programmes for asylum seekers) is amended as follows.

(2) In subsection (1) for “restriction” in both places substitute “ condition ”.

(3) For subsection (2) substitute—

(2) In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.

(4) In subsection (5) for “restrictions” substitute “ conditions ”.

37

(1) Section 71 (asylum seeker: residence etc restriction) is amended as follows.

(2) In subsection (2)—

(a) for the words from “restriction” to “restrictions)” substitute “ condition which may be imposed under Schedule 10 to the Immigration Act 2016 ”, and

(b) for “that Schedule” substitute “ Schedule 2 to the Immigration Act 1971 ”.

(3) In subsection (3)—

(a) for “restriction” in each place substitute “ condition ”,

(b) for “paragraph 21 of that Schedule” substitute “ Schedule 10 to the Immigration Act 2016 ”, and

(4) In subsection (4) for “restriction” substitute “ condition ”.

Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)

38

In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit section 36 (electronic monitoring).

Immigration, Asylum and Nationality Act 2006 (c. 13)

39

In section 24 of the Immigration, Asylum and Nationality Act 2006 (temporary admission)—

(a) in the heading, for “Temporary admission, &c” substitute “ Immigration bail ”,

(b) for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77) (temporary admission or release from detention)” substitute “ a grant of immigration bail to the person under Schedule 10 to the Immigration Act 2016 ”, and

(c) in paragraph (b) for “paragraph 21(2)” substitute “ that Schedule as a condition of that person's immigration bail ”.

UK Borders Act 2007 (c. 30)

40

(1) Section 36 of the UK Borders Act 2007 (detention) is amended as follows.

(2) In subsection (2) for the words from “unless” to the end of the subsection substitute “ unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016. ”

(3) In subsection (3) for “direct release” substitute “ release a person on bail ”.

(4) After subsection (3) insert—

(3A) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under subsection (3). (3B) If the court grants bail to a person under subsection (3), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule. (3C) A reference in any provision of, or made under, an enactment other than this section to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under subsection (3) or (as the case may be) a condition imposed by the court on the grant of such bail.

(5) In subsection (4) omit “(including provisions about bail)”.

(6) Omit subsection (5).

Criminal Justice and Immigration Act 2008 (c. 4)

41

The Criminal Justice and Immigration Act 2008 is amended as follows.

42

In section 132(4) (special immigration status: effect of designation) in paragraph (b) for the words from “temporary admission” to the end of the paragraph substitute “ immigration bail under Schedule 10 to the Immigration Act 2016. ”

43

In section 133 (special immigration status: conditions) for subsections (3) and (4) substitute—

(3) If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person. (3A) Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule. (4) Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.

SCHEDULE 11

PART 1 — Amendments of the Immigration Acts

Abolition of power to support certain categories of migrant

1

Section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum-seekers, etc) is repealed.

2

In consequence of the repeal made by paragraph 1—

(a) in section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);

(b) in the following provisions, omit “section 4 or”—

(i) section 3A(7A) of the Protection from Eviction Act 1977;

(ii) paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15));

(iii) section 23A(5A) of the Rent (Scotland) Act 1984;

(iv) paragraph 4A(1) of Schedule 1 to the Housing Act 1985;

(v) paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988;

(vi) paragraph 12A(1) of Schedule 1 to the Housing Act 1988;

(d) in section 103 of that Act—

(i) omit subsection (2A), and

(ii) in subsections (6) and (7), for “section 4 or 95” substitute “ section 95 ”;

(e) in section 118(1)(b) of that Act, omit “4,”;

(f) in section 166(5) of that Act, omit paragraph (za);

(g) in the Nationality, Immigration and Asylum Act 2002—

(i) in section 23, omit subsection (5),

(ii) in section 26, in subsection (3), omit “4,”,

(iii) omit section 49,

(iv) in section 51, in subsection (2), omit paragraph (b), and

(v) in section 55, in subsection (2)(a), omit “4,”;

(h) in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, omit section 10;

(i) in the Immigration, Asylum and Nationality Act 2006, omit section 43(1)(b), (2), (5), (6) and (7);

(j) in the UK Borders Act 2007—

(i) in section 17, in subsection (1)(a), omit “(and section 4)”, and

(ii) in section 40, in subsection (1), omit paragraph (e);

(k) in section 134 of the Criminal Justice and Immigration Act 2008, omit subsection (5);

(l) in Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 31(1)(a), omit “4 or” and “persons temporarily admitted and”;

(m) in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit paragraph (a).

(n) in paragraph 7(3)(k)(i) of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1), in the English language text omit “section 4 (accommodation) or” and in the Welsh language text omit “adran 4 (llety) neu”.

Power to support people making further submissions in relation to protection claims

3

(1) Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6) is amended as follows.

(2) In subsection (1)—

(a) for the definition of “asylum-seeker” substitute—

“asylum-seeker” means a person falling within subsection (2A) or (2B) (but see also subsection (3C));

;

(b) omit the definition of “claim for asylum”;

“further qualifying submissions” has the meaning given by subsection (2C);

;

(d) after the definition of “Northern Ireland authority” insert—

“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002;

(3) After subsection (2) insert—

(2A) A person is an asylum-seeker for the purposes of this Part if— (a) the person is at least 18 years old, (b) the person has made a protection claim, and (c) the person's claim— (i) has been recorded by the Secretary of State, but (ii) has not been determined. (2B) A person is also an asylum-seeker for the purposes of this Part if— (a) the person is at least 18 years old, (b) the person has made further qualifying submissions (see subsection (2C)), and (c) the person's submissions— (i) have been recorded by the Secretary of State, but (ii) have not been determined before the end of such period as may be prescribed. (2C) A person makes “further qualifying submissions” if— (a) the person makes submissions to the Secretary of State that the person's removal from the United Kingdom would breach any of the obligations mentioned in section 82(2)(a)(i) or (ii) of the Nationality, Immigration and Asylum Act 2002 (protection claims), and (b) the submissions fall to be considered by the Secretary of State under paragraph 353 of the immigration rules.

(4) In subsection (3), for “claim for asylum” substitute “ protection claim ”.

(5) After subsection (3) insert—

(3A) For the purposes of this Part, further qualifying submissions made by a person are determined— (a) at the end of a prescribed period beginning with the relevant day (see subsection (3B)), or (b) in a case where no period is prescribed for the purposes of paragraph (a), at the end of the relevant day. (3B) In subsection (3A) “the relevant day” means the day on which the Secretary of State notifies the person that the submissions made by the person are to be— (a) accepted, (b) rejected without being treated as a fresh protection claim, or (c) treated as a fresh protection claim. (3C) If— (a) further qualifying submissions made by a person are rejected without being treated as a fresh protection claim, and (b) the person is granted permission to apply for judicial review of that rejection, the person is to be treated as an asylum-seeker for the purposes of this Part during the review period (see subsection (3D)). (3D) In subsection (3C) “the review period” means the period— (a) beginning with the day on which permission to apply for judicial review is granted, and (b) ending with— (i) a prescribed period beginning with the day on which the judicial review is disposed of, or (ii) in a case where no period is prescribed for the purposes of sub-paragraph (i), that day.

(6) In subsection (8), after “subsection (3)” insert “ or (3B) ”.

4

In consequence of the repeal made by paragraph 3(2)(b)—

(a) in section 96 of the Immigration and Asylum Act 1999 (ways in which support may be provided), in subsection (1)(c), for “claim for asylum” substitute “ protection claim ”;

(b) in section 141 of that Act (fingerprinting)—

(i) in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum” substitute “ protection claim ”, and

(ii) in subsection (15), for “ “Claim for asylum”” substitute “ “Protection claim” ”;

(c) in section 167 of that Act (interpretation), in subsection (1), in the definition of “claim for asylum”, for “Parts V and VI and section 141” substitute “ Part 5 ”;

(d) in Schedule 8 to that Act (provision of support: regulations), in paragraph 9(2)(b), for “claim for asylum” substitute “ protection claim ”;

(e) in section 135 of the Criminal Justice and Immigration Act 2008 (support: supplemental), in subsection (5), for “claim for asylum” substitute “ protection claim ”.

Power to support failed asylum-seekers

5

Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers) is amended as follows.

6

The heading of the Part becomes “ Support for asylum-seekers, etc ”.

7

(1) Section 94 (interpretation of Part 6) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “dependant”, after “asylum-seeker” insert “ , a failed asylum-seeker ”;

(b) after the definition of “the Executive” insert—

“failed asylum-seeker” has the meaning given by subsection (2D);

;

“supported person” means— (a) in relation to support under section 95, an asylum-seeker, or a dependant of an asylum-seeker, who has applied for support and for whom support is provided under that section, and (b) in relation to support under section 95A, a failed asylum-seeker, or a dependant of a failed asylum-seeker, who has applied for support and for whom support is provided under that section.

(3) In subsection (2), after “section 95” insert “ or 95A ”.

(4) After subsection (2C) (inserted by paragraph 3(3) above) insert—

(2D) A person is a failed asylum-seeker for the purposes of this Part if— (a) the person is at least 18 years old, (b) the person— (i) was an asylum-seeker, or (ii) would have been an asylum-seeker at any time if the person had been at least 18 years old at that time, (c) the person's protection claim has been rejected, and (d) the person is not an asylum-seeker.

(5) Omit subsections (5) and (6).

8

In section 95 (persons for whom support may be provided), the heading becomes “ Support for asylum-seekers, etc ”.

9

After section 95 insert—

(95A) (1) The Secretary of State may provide, or arrange for the provision of, support for a person, for such period or periods as may be prescribed, if— (a) the person is a failed asylum-seeker, or a dependant of a failed asylum-seeker, (b) an application for support under this section is made in respect of the person which meets such requirements as may be prescribed, (c) it appears to the Secretary of State that the person is destitute, or is likely to become destitute within such period as may be prescribed, and (d) the person faces a genuine obstacle to leaving the United Kingdom. (2) Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for the purposes of this section as they apply for the purposes of that section. (3) Regulations made by the Secretary of State may make provision for determining what is, or is not, to be regarded as a genuine obstacle to leaving the United Kingdom for the purposes of this section. (4) The Secretary of State may make regulations prescribing other criteria to be used in determining— (a) whether or not to provide support, or arrange for the provision of support, for a person under this section; (b) whether or not to continue to provide support, or arrange for the provision of support, for a person under this section. (5) Regulations under subsection (4) may, in particular— (a) provide for the provision of support (or the continuation of the provision of support) to be subject to conditions; (b) provide for the provision of support (or the continuation of the provision of support) to be a matter for the Secretary of State's discretion to a prescribed extent or in cases of a prescribed description. (6) A condition imposed by regulations under subsection (5)(a) may, in particular, relate to any of the following— (a) any matter relating to the use of the support provided; (b) compliance with a condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail); (c) the person's performance of, or participation in, community activities in accordance with arrangements made by the Secretary of State. (7) A copy of any conditions imposed by regulations under subsection (5)(a) must be given to the supported person. (8) For the purposes of subsection (6)(c)— (a) “community activities” means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, and (b) the Secretary of State may, in particular— (i) appoint one person to supervise or manage the performance of, or participation in, activities by another person; (ii) enter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section; (iii) pay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section. (9) Regulations by virtue of subsection (6)(c) may, in particular, provide for a condition requiring the performance of, or participation in, community activities to apply to a person only if— (a) accommodation is to be, or is being, provided for the person under this section, and (b) the Secretary of State has made arrangements for community activities in an area that includes the place where the accommodation is to be, or is being, provided. (10) A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section. (11) The powers conferred by Schedule 8 (supplementary regulation-making powers) are exercisable with respect to the powers conferred by this section as they are exercisable with respect to the powers conferred by section 95, but with the modification in subsection (12). (12) Paragraph 9 of Schedule 8 (notice to quit) has effect with respect to the powers conferred by this section as if sub-paragraph (2)(b) were omitted.

10

(1) Section 96 (ways in which support may be provided) is amended as follows.

(2) In subsection (1)—

(a) after “section 95” insert “ or 95A ”;

(b) in paragraph (c), for “the asylum-seeker” substitute “ an asylum-seeker ”;

(i) for “the asylum-seeker” substitute “ an asylum-seeker ”, and

(ii) after “dependants” insert “ , or a failed asylum-seeker and his dependants, ”;

(d) in paragraph (e)—

(i) for “the asylum-seeker” substitute “ an asylum-seeker ”, and

(ii) after “dependants” insert “ , or a failed asylum-seeker and his dependants, ”.

(3) After subsection (1) insert—

(1A) Support under section 95A may, in particular, be provided in the form of vouchers which may be exchanged for goods or services (as well as in the form of cash).

(4) In subsection (2), after “section 95” insert “ or 95A ”.

11

(1) Section 97 (supplemental) is amended as follows.

(2) In subsection (1)—

(a) after “section 95” insert “ or 95A ”;

(b) after “regard to” insert “ the following ”;

(3) In subsections (4), (5) and (7), after “section 95” insert “ or 95A ”.

(4) After subsection (7) insert—

(8) A tenancy is not a Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)) if it is granted in order to provide accommodation under section 95A. (9) A tenancy which would be a Scottish secure tenancy but for subsection (8) becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to be regarded as such.

12

In section 98, the heading becomes “ Temporary support for asylum-seekers, etc ”.

13

After section 98 insert—

(98A) (1) The Secretary of State may provide, or arrange for the provision of, support for persons within subsection (2) who it appears to the Secretary of State— (a) may be destitute, and (b) may face a genuine obstacle to leaving the United Kingdom. (2) The persons referred to in subsection (1) are— (a) failed asylum-seekers, and (b) dependants of failed asylum-seekers. (3) Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95A. (4) Subsections (3) to (12) of section 95A apply for the purposes of this section as they apply for the purposes of that section.

14

(1) Section 99 (provision of support by local authorities) is amended as follows.

(2) In subsection (1), for “or 98” substitute “ 95A, 98 or 98A ”.

(3) In subsection (3)—

(a) after “section 95” insert “ or 95A ”;

(b) for “section 96(1) and (2)” substitute “ section 96(1) to (2) ”.

(4) In subsection (4), for “or 98” substitute “ 95A, 98 or 98A ”.

15

In section 100 (local authority and other assistance for Secretary of State), in subsection (1), after “section 95” insert “ or 95A ”.

16

In section 101 (reception zones), in subsection (3), after “section 95” (in both places where it occurs) insert “ or 95A ”.

17

In section 112 (recovery of expenditure on support: misrepresentation etc), in subsections (1)(b) and (3), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.

18

In section 113 (recovery of expenditure on support from sponsor), in subsections (1)(b), (4) and (5)(a), after “section 95” insert “ or 95A ”.

19

(1) Section 114 (overpayments) is amended as follows.

(2) In subsection (1), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.

(3) In subsection (4), for “section 95” substitute “ section 95, 95A or 98A ”.

20

In section 118 (housing authority accommodation), in subsection (1)(b), for “or 98” substitute “ 95A, 98 or 98A ”.

21

(1) Section 122 (support for children) is amended as follows.

(2) In subsection (1), after “section 95” insert “ or 95A ”.

(3) In subsection (2), after “section 95” insert “ or (as the case may be) 95A ”.

(4) In subsections (3) and (4), after “section 95” insert “ or 95A ”.

(5) In subsection (5)—

(a) in paragraph (b)(i), after “section 95” insert “ or 95A ”, and

(b) in paragraph (b)(ii), after “section 95” insert “ or (as the case may be) 95A ”.

22

(1) Section 125 (entry of premises) is amended as follows.

(2) In subsection (1), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.

(3) In subsection (2)—

(a) in paragraph (b), at the beginning insert “ in the case of accommodation provided under section 95 or 98, ”;

(b) after that paragraph insert—

(ba) in the case of accommodation provided under section 95A or 98A, the accommodation is being used for any purpose other than the accommodation of the failed asylum-seeker or any dependant of his,

23

In section 127 (requirement to supply information about redirection of post), in subsection (1)(c), after “asylum-seekers” insert “ or failed asylum-seekers ”.

24

(1) Section 166 (regulations and orders) is amended as follows.

(2) In subsection (5) (regulations subject to the affirmative procedure) for the “or” at the end of paragraph (c) substitute—

(ca) section 95A, or

(3) After subsection (5) insert—

(5A) No regulations under paragraph 1 of Schedule 8 which make provision with respect to the powers conferred by section 95A are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House. (5B) Subsection (5A) does not apply to regulations under paragraph 1 of that Schedule which make provision of the kind mentioned in paragraph 3(a) of that Schedule.

(4) In subsection (6) (regulations subject to the negative procedure) for the “or” at the end of paragraph (a) substitute—

(aa) under the provision mentioned in subsection (5A) and containing regulations to which that subsection applies, or

25

In section 26A of the Immigration Act 1971 (registration card), in subsection (1)(b), after sub-paragraph (i) insert—

(ia) a claim for support under section 95A of the Immigration and Asylum Act 1999 (whether or not made by that person).

26

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 18 (definition of asylum-seeker for purposes of Part 2), omit subsection (2).

(3) In section 26 (withdrawal of support), in subsection (3)—

(a) for “95 or 98” substitute “ 95, 95A, 98 or 98A ”;

(b) omit “(asylum-seeker)”.

(4) In section 35—

(a) in subsection (2), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”;

(b) in subsection (3), after “section 95” insert “ or 95A ”.

(5) In section 43—

(a) in subsection (1), for “asylum-seeker” substitute “ asylum-seekers and failed asylum-seekers, etc ”;

(b) the heading of that section becomes “ Form of support under Part 6 of the Immigration and Asylum Act 1999 ”.

(6) In section 51 (choice of form of support), in subsection (2), omit the “and” after paragraph (b) and after paragraph (c) insert

, and (d) sections 95A and 98A of that Act (support for destitute failed asylum-seekers).

(7) In section 55 (late claim for asylum: refusal of support), in subsection (2), after paragraph (a) insert—

(aa) sections 95A and 98A of that Act (support for failed asylum-seeker, &c),

(8) In Schedule 3 (withholding and withdrawal of support)—

(a) omit paragraph 7A;

(b) in paragraph 14(1) and (2), for “, 7 or 7A” substitute “ or 7 ”.

27

In section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (failed asylum-seekers: withdrawal of support)—

(a) omit subsections (1) and (4);

(b) in subsection (3)(a) and (b), omit “other than paragraph 7A”.

28

In the Immigration, Asylum and Nationality Act 2006, omit section 44 (power to repeal paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002).

29

In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs information), in subsection (1)(f), for “asylum-seekers and their dependants” substitute “ persons ”.

30

In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements), in paragraph 8 (accommodation provided by virtue of immigration provisions)—

(a) in paragraph (b) after “95” insert “ or 95A ”, and

(b) in paragraph (c) after “98” insert “ or 98A ”.

Accommodation centres: definition of “asylum-seeker” etc

31

(1) Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition of asylum-seeker for purposes of Part 2) is amended as follows.

(2) For subsection (1) substitute—

(1) For the purposes of this Part a person is an “asylum-seeker” if— (a) the person is at least 18 years old, (b) the person has made a protection claim, and (c) the person's claim— (i) has been recorded by the Secretary of State, but (ii) has not been determined. (1A) A person is also an “asylum-seeker” for the purposes of this Part if the person is an asylum-seeker for the purposes of Part 6 of the Immigration and Asylum Act 1999 by virtue of section 94(2B) or (3C) of that Act.

(3) For subsection (3) substitute—

(3) Protection claim” has the meaning given by section 82(2).

32

(1) In consequence of the amendment made by paragraph 31(3), section 26A of the Immigration Act 1971 (registration card) is amended as follows.

(2) In subsection (1)(b)(i), for “claim for asylum” substitute “ protection claim ”.

(3) In subsection (2), for “ “claim for asylum”” substitute “ “protection claim” ”.

33

In consequence of the amendments made by paragraph 31, the Nationality, Immigration and Asylum Act 2002 is amended as follows.

34

In section 16 (establishment of accommodation centres), in subsection (3)(b), for “claims for asylum” substitute “ protection claims ”.

35

In section 21(3), for “claim for asylum” substitute “ protection claim ”.

36

In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute “ protection claim ”.

37

(1) Section 55 (late claim for asylum: refusal of support) is amended as follows.

(2) In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute “ protection claim ”.

(3) In subsection (9), for “ “claim for asylum”” substitute “ “protection claim” ”.

(4) The heading of the section becomes “ Late protection claim: refusal of support ”.

38

In section 70 (induction), in the definition of “asylum-seeker” in subsection (3), after “section 18(1)(a)” insert “ of this Act and section 94(2B)(a) of the Immigration and Asylum Act 1999 ”.

39

(1) Section 71 (asylum-seeker: residence, etc restriction) is amended as follows.

(2) In subsection (1)(a), for “claim for asylum” substitute “ protection claim ”.

(3) In subsection (5), for “ “claim for asylum”” substitute “ “protection claim” ”.

40

In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1), for the definition of “asylum-seeker” substitute—

“asylum-seeker” has the meaning given by section 18,

Repeal of uncommenced provisions

41

The following provisions of the Nationality, Immigration and Asylum Act 2002, which contain amendments that have never been brought into force, are repealed—

(a) section 44 (which amends sections 94 and 95 of the Immigration and Asylum Act 1999);

(b) sections 45 and 46;

(d) section 53 (which inserts new sections 103, 103A and 103B into that Act).

42

In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph 2, for sub-paragraph (7) substitute—

(7) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of sub-paragraph (6) as they apply for the purposes of that section, but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to a local social services authority.

43

In Schedule 3 to the National Health Service (Consequential Provisions) Act 2006, omit paragraph 9.

44

In section 21 of the Care Act 2014, for subsections (2) and (3) substitute—

(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.

45

In section 46 of the Social Services and Well-being (Wales) Act 2014, for subsections (2) and (3) substitute—

(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.

PART 2 — Transitional and saving provision

46

(1) The repeals made by paragraphs 1 and 2 do not apply in relation to—

(a) any person for whom accommodation is being provided under section 4 of the Immigration and Asylum Act 1999 immediately before the day on which those paragraphs come into force,

(b) any person who has made an application before that day for accommodation to be provided under that section and whose application has not been determined or withdrawn before that day,

(c) any person who has appealed before that day against a decision not to provide accommodation for the person under that section, or a decision not to continue to provide accommodation for the person under that section, and whose appeal has not been determined or withdrawn before that day, and

(d) any dependant of a person within paragraph (a), (b) or (c).

This is subject to sub-paragraph (2).

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