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Paragraph 25 I1C1C2I2I3C3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

For Schedule 3 substitute—

“SCHEDULE 3

Bail: Modifications of Schedule 10 to the Immigration Act 2016

Section 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 ”.”

Annotations

Modifications

C1

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))

C2

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))

C3

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))

Commencement

I1

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)

I2

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)

I3

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)

Notes on Schedule 10

Modifications

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)