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The Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017

S.I. 2017/617 · Made 25 April 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 25th April 2017

Coming into force in accordance with regulation 1

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.

In accordance with section 93(2)(k) of that Act, a draft of these Regulations was laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2016 c. 19.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Immigration and Asylum Act 1999
  3. 3Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017 and come into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016.

2Amendment to the Immigration and Asylum Act 1999

In section 141 of the Immigration and Asylum Act 1999f1 (fingerprinting), in subsection (7), in paragraph (b), for the words from “if” to the end of the paragraph substitute “subject to a condition mentioned in paragraph 2(1)(c) or (d) of that Schedule if an immigration officer reasonably suspects that B might break the condition”.

3Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

(1)

Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1 is amended as follows.

(2)

In paragraph 26 of Part 1 (immigration: temporary admission)—

(a)

in the heading of that paragraph, for “temporary admission” substitute “conditions of immigration bail: persons liable to examination or removal”;

(b)

for sub-paragraph (1) substitute—

“(1)

Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—

(a)

paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);

(b)

section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State of persons liable to examination or removal).”.

(3)

In paragraph 27 of Part 1 (immigration: residence etc. restrictions)—

(a)

in the heading of that paragraph, for “residence etc restrictions” substitute “conditions of immigration bail (deportation)”;

(b)

for sub-paragraph (1) substitute—

“(1)

Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—

(a)

paragraph 2(1), (2) or (3) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);

(b)

section 36(1) of the UK Borders Act 2007 (detention pending deportation of criminals).”.

(4)

After paragraph 27 of Part 1 (immigration: residence etc. restrictions), insert—

“Immigration: conditions imposed under other provisions

27A
(1)

Civil legal services provided in relation to—

(a)

conditions imposed on a person released on bail under paragraph 2(1A) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);

(b)

conditions imposed on a person under section 71(2) of the Nationality, Immigration and Asylum Act 2002 (asylum-seeker: residence, &c. restriction).

Exclusions

(2)

Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.”.

(5)

In paragraph 8 of Part 3 (advocacy in the magistrates’ court), omit paragraph (b).

(6)

In paragraph 11 of Part 3 (advocacy before the First-tier Tribunal)—

(a)

omit paragraph (a) and the “or” following it;

(b)

at the end of paragraph (b), insert—

  • “, or

    1. (c)

      Schedule 10 to the Immigration Act 2016.”.

Signature

Robert Goodwill

Minister of State

Home Office

25th April 2017

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to the Immigration and Asylum Act 1999 and to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. These amendments are consequential on the commencement of 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 updates section 141(7)(b) of the 1999 Act (fingerprinting) so that it reflects the reporting conditions that may be imposed under the new immigration bail powers.

Regulation 3 amends various provisions of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 so that references to temporary admission and temporary release – both being forms of legal status that are abolished by Schedule 10 – are replaced with references to immigration bail and to the powers under which immigration bail may be granted. It also omits and, where appropriate, replaces provisions that refer to legislation that Schedule 10 will repeal.