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The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017

S.I. 2017/1242 · Made 7 December 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Immigration

Made 7th December 2017

Laid before Parliament 11th December 2017

Coming into force 15th January 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 92(2) and (3) of the Immigration Act 2016f1:

Annotations to the whole text

Footnotes

f1

2016 c. 19.

Contents

  1. 1Citation and commencement
  2. 2Consequential amendments
  3. Signature
  4. Schedule: Consequential Amendments
  5. 1Asylum Support Regulations 2000
  6. 2Immigration (Leave to Enter) Order 2001
  7. 3Access to Justice (Northern Ireland) Order 2003
  8. 4Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005
  9. 5Appeals (Excluded Decisions) Order 2009
  10. 6Civil Legal Aid (Procedure) Regulations 2012
  11. 7Crime and Courts Act 2013 (Application and Modification of Certain Enactments) Order 2014
  12. 8Immigration (European Economic Area) Regulations 2016
  13. Explanatory note

1Citation and commencement

These Regulations may be cited as the Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 and come into force on 15th January 2018.

2Consequential amendments

The Schedule to these Regulations, which amends secondary legislation, has effect.

Signature

Victoria Atkins

Parliamentary Under Secretary of State

Home Office

7th December 2017

1Asylum Support Regulations 2000

In regulation 20 of the Asylum Support Regulations 2000f1, for paragraph (6)(d) substitute—

“(d)

“reporting requirement” is a condition imposed under paragraph 2(1)(a) of Schedule 10 to the Immigration Act 2016, that is to say a condition of immigration bail requiring a person to report to the Secretary of State or such other person as may be specified.”

2Immigration (Leave to Enter) Order 2001

In article 3 of the Immigration (Leave to Enter) Order 2001f1, for “, 9 (removal of illegal entrants and 21 (temporary admission of persons liable to detention)” substitute “and 9 (removal of illegal entrants)”.

3Access to Justice (Northern Ireland) Order 2003

In the Access to Justice (Northern Ireland) Order 2003f1, in paragraph 2 of Schedule 2, for paragraph (ia)(i) substitute—

“(i)

Schedule 10 to the Immigration Act 2016;”

4Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005

In regulation 2 of the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005f1, for the definition of “reporting requirement” substitute—

  • ““reporting requirement” is a condition imposed under paragraph 2(1)(a) of Schedule 10 to the Immigration Act 2016, that is to say a condition of immigration bail requiring a person to report to the Secretary of State or such other person as may be specified.”

5Appeals (Excluded Decisions) Order 2009

In article 2 of the Appeals (Excluded Decisions) Order 2009f1, for paragraph (b) substitute—

“(b)

a decision under paragraphs 1, 5, 6, and 10(12) and (13) of Schedule 10 to the Immigration Act 2016.”.

6Civil Legal Aid (Procedure) Regulations 2012

(1)

The Civil Legal Aid (Procedure) Regulations 2012f1 are amended as follows.

(2)

In each of regulation 23(3A)(b)(ii) and (3B)(b)(ii), and regulation 31(8)(b)(ii) and (9)(b)(ii), for the words “temporary admission or release under paragraph 21 of Schedule 2 to that Act” substitute “immigration bail under paragraph 1 of Schedule 10 to the Immigration Act 2016”.

(3)

In each of regulation 23(3A)(b) and (3B)(b) and regulation 31(8)(b) and (9)(b), for the words “leave or temporary admission or release” substitute “leave or immigration bail”.

7Crime and Courts Act 2013 (Application and Modification of Certain Enactments) Order 2014

In Schedule 2 to the Crime and Courts Act 2013 (Application and Modification of Certain Enactments) Order 2014f1, in paragraph 7, omit sub-paragraph (b).

8Immigration (European Economic Area) Regulations 2016

(1)

The Immigration (European Economic Area) Regulations 2016f1 are amended as follows.

(2)

In regulation 2, after the definition of “the 2006 Regulations”, insert—

  • ““the 2016 Act” means the Immigration Act 2016;”.

(3)

In regulation 29—

(a)

in paragraph (2), for the words “, 16 to 18A and 21 to 24”, substitute “and 16 to 18A”; and

(b)

for paragraph (3) substitute—

“(3)

For so long as a person to whom this regulation applies is detained under the powers conferred by Schedule 2 to the 1971 Act, or granted bail under Schedule 10 to the 2016 Act whilst liable to be detained under the powers conferred by Schedule 2 to the 1971 Act, the person is deemed not to have been admitted to the United Kingdom.”.

(4)

In regulation 30, in paragraph (2)—

(a)

for the words “16 to 19 and 21 to 24” substitute “and 16 to 19”; and

(b)

after the words “Schedule 2 to the 1971 Act”, insert “(and the provisions of Schedule 10 to the 2016 Act apply accordingly)”.

(5)

In regulation 40—

(a)

at the end of paragraph (4) insert “and the provisions of Schedule 10 to the 2016 Act apply accordingly”; and

(b)

omit paragraph (7).

(6)

In regulation 41—

(a)

in paragraph (2), omit the words “(within the meaning of paragraphs 21 to 24 of Schedule 2 to the 1971 Act, as applied by this regulation)”;

(b)

in paragraph (6)—

(i)

for the words “16 to 18A and 21 to 24” substitute “and 16 to 18A”; and

(ii)

at the end of that paragraph insert “and the provisions of Schedule 10 to the 2016 Act apply accordingly”;

(c)

after paragraph (8) insert—

“(9)

For the purposes of this regulation, a person (“P”) is temporarily admitted to the United Kingdom if P is admitted on bail under Schedule 10 to the 2016 Act without having otherwise been admitted, and the expression temporary admission is to be construed accordingly.”.

Explanatory note

(This note is not part of the Regulations)

These Regulations make minor amendments to secondary legislation which are consequential upon the coming into force of the immigration bail provisions set out in Schedule 10 to the Immigration Act 2016.

Schedule 10 introduces a new framework for immigration bail, replacing a legal framework containing six different legal statuses (including immigration bail and temporary admission) with a single power of immigration bail.

Regulation 2 gives effect to the Schedule to these Regulations. The Schedule sets out a number of minor and technical amendments to secondary legislation.