{
  "url": "https://openlegislation.uk/criminal-justice-and-immigration-act-2008/section-130",
  "json_url": "https://openlegislation.uk/criminal-justice-and-immigration-act-2008/section-130.json",
  "legislation": "ukpga/2008/4",
  "legislation_title": "Criminal Justice and Immigration Act 2008",
  "legislation_url": "https://openlegislation.uk/criminal-justice-and-immigration-act-2008",
  "path": "section/130",
  "kind": "section",
  "number": "130",
  "heading": "Designation",
  "text": "(1) The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).\n(2) Condition 1 is that the person—\n(a) is a foreign criminal within the meaning of section 131, and\n(b) is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).\n(3) Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.\n(4) A person who has the right of abode in the United Kingdom may not be designated.\n(5) The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—\n(a) the United Kingdom's obligations under the Refugee Convention, ...\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 130(5)(b) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 18(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2008/4/section/130",
    "retrieved_at": "2026-11-10T03:34:04.639459+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}