Paragraph 2 The treatment of existing recognizances and bail bondsI1

United Kingdom

(1)

This paragraph applies where, before F115th January 2018, a person—

(a)

entered into a recognizance either on his own behalf or as a surety for another, or

(b)

in Scotland, entered into a bail bond on his own behalf or as cautioner for another,

in respect of a grant of bail under Schedule 2 to the 1971 Act, and is thereby liable, after 15th January 2018, to forfeit a sum of money in accordance with the terms of the recognizance or bail bond if a condition of that bail is breached.

(2)

The recognizance or bail bond is to be treated for the purposes of Schedule 10 to the 2016 Act as if it were a “financial condition” as defined by paragraph 5(1) of that Schedule and as if it were imposed under paragraph 2 of that Schedule, notwithstanding the fact that it may not comply with the provisions of paragraph 5(3) of that Schedule.

(3)

A grant of bail which is subject to such a recognizance or bail bond may not be the subject of a direction by the First-tier Tribunal under paragraph 6(3) of Schedule 10.

Annotations

Textual amendments

F1: Words in Sch. substituted (11.1.2018) by The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) (Amendment) Regulations 2018 (S.I. 2018/31), reg. 2

Commencement

I1: Sch. para. 2 in force at made date