OpenLegislation

Paragraph 4 I1C1C2

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

(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;

(c)

require P to communicate in a specified manner and at specified times or during specified periods;

(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.

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))

Commencement

I1

Sch. 10 para. 4 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)

Notes on Schedule 10

Modifications

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))

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)

Notes on Part 1

Modifications

C3

Sch. 10 Pt. 1 applied (with modifications) (31.12.2020) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 13(2)

C4

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))