Paragraph 5 F1

United Kingdom

(1)

In deciding whether to make an exclusion order against any person, the Secretary of State shall take into account everything which appears to him to be relevant; and where a notice has been served on the person concerned under paragraph 2(1) above the Secretary of State shall in particular take account of—

(a)

the advice of the person or persons to whom the matter was referred under paragraph 3 above;

(b)

any representations made by the person under paragraph 4 above; and

(c)

the report of any personal interview granted under that paragraph.

(2)

The question whether to make an exclusion order against a person on whom notice has been served under paragraph 2(1) above shall be decided as soon as is reasonably practicable after—

(a)

the Secretary of State has received the advice of the person or persons to whom the matter was referred under paragraph 3 above; and

(b)

sub-paragraph (3) below is satisfied.

(3)

This sub-paragraph is satisfied if—

(a)

the Secretary of State has received representations made by the person under paragraph 4 above and the report of any personal interview granted under that paragraph;

(b)

the Secretary of State has received from the person a statement in writing that he does not intend to make representations under that paragraph; or

(c)

the period during which the person may make representations under that paragraph has expired.

(4)

If the Secretary of State—

(a)

makes an exclusion order against a person; or

(b)

decides not to make an exclusion order against a person on whom notice has been served under paragraph 2(1) above,

notice in writing of the making of the order or the decision not to make an order shall be served on him if it is reasonably practicable to do so.

Annotations

Textual amendments

F1: Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

Notes on the whole Act

Textual amendments

F1: Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2

Notes on Making of exclusion order

Textual amendments

F1: Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2