Immigration Bill (HC Bill 74)

(5) If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse
to grant, immigration bail to a person, the Secretary of State or the Tribunal
must give the person notice of the decision.

(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a
5person notice of a decision, it must also give the Secretary of State notice of
the decision.

(7) Where the decision is to grant immigration bail, a notice under sub-
paragraph (5) or (6) must state—

(a) when the grant of immigration bail commences, and

(b) 10the bail conditions.

(8) The commencement of a grant of immigration bail may be specified to be
conditional on arrangements specified in the notice being in place to ensure
that the person is able to comply with the bail conditions.

Electronic monitoring condition

4 (1) 15In 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
20while 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) 25The 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) 30involve 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
35with 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
40the person is at least 18 years old.

Financial condition

5 (1) In this Schedule “a financial condition” means a condition requiring the
payment of a sum of money by the person to whom immigration bail is
granted (“P”) or another person, in a case where P fails to comply with
45another condition to which P’s immigration bail is subject.

(2) A financial condition may be imposed on P only if the person imposing the
condition thinks that it would be appropriate to do so with a view to
ensuring that P complies with the other bail conditions.

(3) The financial condition must specify—

(a) 5the sum of money required to be paid,

(b) when it is to be paid, and

(c) the form and manner in which it is to be paid.

(4) A sum to be paid under a financial condition is to be paid to the person who
granted the immigration bail, subject to sub-paragraph (5).

(5) 10If the First-tier Tribunal has directed that the power in paragraph 6(1)
(power to vary bail conditions) is to be exercisable by the Secretary of State
in relation to P, the sum is to be paid to the Secretary of State.

(6) No sum is required to be paid under a financial condition unless the person
who is liable to make a payment under it has been given an opportunity to
15make representations to the person to whom it is to be paid.

(7) In England and Wales a sum payable under a financial condition is
recoverable as if it were payable under an order of the county court in
England and Wales.

(8) In Scotland a sum payable under a financial condition may be enforced in
20the same manner as an extract registered decree arbitral bearing a warrant
for execution issued by the sheriff court of any sheriffdom in Scotland.

(9) In Northern Ireland a sum payable under a financial condition is recoverable
as if it were payable under an order of a county court in Northern Ireland.

(10) Where action is taken under this paragraph for the recovery of a sum
25payable under a financial condition, the requirement to pay the sum is—

(a) in relation to England and Wales, to be treated for the purposes of
section 98 of the Courts Act 2003 (register of judgments and orders
etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, to be treated for the purposes of
30Article 116 of the Judgments Enforcement (Northern Ireland) Order
1981 (S.I. 1981/226 (N.I. 6)S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a
judgment in respect of which an application has been accepted under
Article 22 or 23(1) of that Order.

Power to vary bail conditions

6 (1) 35Where person is on immigration bail—

(a) any of the conditions to which it is subject may be amended or
removed, or

(b) one or more new conditions of the kind mentioned in paragraph 2(1)
or (2) may be imposed on the person.

(2) 40The power in sub-paragraph (1) is exercisable by the person who granted the
immigration bail, subject to sub-paragraphs (3) and (4).

(3) The Secretary of State may exercise the power in sub-paragraph (1) in
relation to a person to whom immigration bail was granted by the First-tier
Tribunal if the Tribunal so directs.

(4) If the First-tier Tribunal gives a direction under sub-paragraph (3), the
Tribunal may not exercise the power in sub-paragraph (1) in relation to the
person.

(5) The requirement for a direction in sub-paragraph (3) does not apply to the
5exercise of the Secretary of State’s powers under paragraph 2(4) or (5) or sub-
paragraph (8) or (10) of this paragraph.

(6) If the Secretary of State or the First-tier Tribunal decides to exercise, or to
refuse to exercise, the power in sub-paragraph (1), the Secretary of State or
the Tribunal must give notice to the person who is on immigration bail.

(7) 10Where the First-tier Tribunal is required under sub-paragraph (6) to give
notice to a person, it must also give notice to the Secretary of State.

(8) If the First-tier Tribunal exercises the power in sub-paragraph (1) in relation
to a person so as remove a condition about the person’s residence or an
electronic monitoring condition, the Secretary of State may impose such a
15condition on the person.

(9) Sub-paragraph (10) applies if the First-tier Tribunal exercises the power in
sub-paragraph (1) in relation to a person so as to amend a condition about
the person’s residence or impose such a condition on the person.

(10) The Secretary of State may impose a different condition of that kind on the
20person in place of the condition amended or imposed by the Tribunal.

Powers of Secretary of State to enable person to meet bail conditions

7 (1) Sub-paragraph (2) applies where a person is on immigration bail subject to a
condition imposed by the Secretary of State requiring the person to reside at an
address specified in the condition and—

(a) 25the address is not one proposed by the person on immigration bail, or

(b) the person would not be able support himself or herself at the address unless
the power in sub-paragraph (2) were exercised.

(2) The Secretary of State may provide, or arrange for the provision of, facilities for the
accommodation of that person at that address.

(3) 30But the power in sub-paragraph (2) applies only to the extent that the Secretary of
State thinks that there are exceptional circumstances which justify the exercise of the
power.

(4) The Secretary of State may make a payment to a person on immigration bail in
respect of travelling expenses which the person has incurred or will incur for the
35purpose of complying with a bail condition.

(5) But the power in sub-paragraph (4) applies only to the extent that the Secretary of
State thinks that there are exceptional circumstances which justify the making of the
payment.

Arrest for breach of immigration bail

8 (1) 40An immigration officer or a constable may arrest without warrant a person
on immigration bail if the immigration officer or constable—

(a) has reasonable grounds for believing that the person is likely to fail
to comply with a bail condition, or

(b) has reasonable grounds for suspecting that the person is failing, or
has failed, to comply with a bail condition.

(2) Sub-paragraph (3) applies if an appropriate judicial officer is satisfied that
there are reasonable grounds for believing that a person liable to be arrested
5under this paragraph is to be found any premises.

(3) The appropriate judicial officer may issue a warrant authorising any
immigration officer or constable to enter, by reasonable force if necessary,
the premises named in the warrant for the purposes of searching for and
arresting that person.

(4) 10Sub-paragraph (5) applies where—

(a) a warrant under this paragraph is issued for the purposes of the
arrest of person under this paragraph, and

(b) an immigration officer or a constable enters premises in reliance on
the warrant and detains a person on the premises.

(5) 15A detainee custody officer may enter the premises, if need be by reasonable
force, for the purpose of carrying out a search.

(6) In sub-paragraph (5)—

• “detainee custody officer” means a person in respect of whom a
  certificate of authorisation is in force under section 154 of the
  20Immigration and Asylum Act 1999 (detained persons: escort and
  custody), and

• “search” means a search under paragraph 2(1)(a) of Schedule 13 to that
  Act (escort arrangements: power to search detained person).

(7) Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and
25search of persons and premises) apply in relation to a person arrested under
this paragraph as they apply in relation to a person arrested under that
Schedule.

(8) A person arrested under this paragraph—

(a) must, as soon as is practicable after the person’s arrest, be bought
30before the relevant authority, and

(b) may be detained under the authority of the Secretary of State in the
meantime.

(9) The relevant authority is—

(a) the Secretary of State, if the Secretary of State granted immigration
35bail to the arrested person or the First-tier Tribunal has directed that
the power in paragraph 6(1) is exercisable by the Secretary of State in
relation to that person, or

(b) otherwise, the First-tier Tribunal.

(10) Where an arrested person is brought before the relevant authority, the
40relevant authority must decide whether the arrested person has broken or is
likely to break any of the bail conditions.

(11) If the relevant authority decides the arrested person has broken or is likely
to break any of the bail conditions, the relevant authority must—

(a) direct that the person is to be detained under the provision
45mentioned in paragraph 1(1) under which the person is liable to be
detained, or

(b) grant the person bail subject to the same or different conditions.

(12) If the relevant authority decides the person has not broken and is not likely
to break any of the bail conditions, the relevant authority must grant the
person bail subject to same conditions (but this does not prevent the
subsequent exercise of the powers in paragraph 6).

(13) 5In this paragraph—

• “appropriate judicial officer” means—

  (a)

  in relation to England and Wales, a justice of the peace;

  (b)

  in relation to Scotland, the sheriff or a justice of the peace;

  (c)

  in relation to Northern Ireland, a lay magistrate;

• 10“premises”—

  (a)

  in relation to England and Wales, has the same meaning as in
  the Police and Criminal Evidence Act 1984;

  (b)

  in relation to Scotland, has the same meaning as in section 412
  of the Proceeds of Crime Act 2002;

  (c)

  15in relation to Northern Ireland, has the same meaning as in
  the Police and Criminal Evidence (Northern Ireland) Order
  1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12)).

Tribunal Procedure Rules

9 (1) Tribunal Procedure Rules must make provision with respect to applications
20to the First-tier Tribunal under this Schedule and matters arising out of such
applications.

(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has
decided not to grant a person immigration bail, the Tribunal must dismiss
without a hearing any further application for the person to be granted
25immigration bail which—

(a) is an application to which sub-paragraph (3)applies, but

(b) is not an application to which sub-paragraph (4) applies.

(3) This sub-paragraph applies to an application made during the period of 28
days beginning with the date of the decision mentioned in sub-paragraph
30(2).

(4) This sub-paragraph applies to an application on which the person
demonstrates there has been a material change in the person’s
circumstances.

Transitional provision

10 (1) 35Regulations under section 52(1) may, in particular, provide for a person to
whom sub-paragraph (2) applies to be treated, for such purposes as may be
specified, as having been granted immigration bail in such circumstances
and subject to such conditions as may be specified.

(2) This sub-paragraph applies to a person who, at the specified time, was not
40in detention on the basis that—

(a) the person had been temporarily admitted to the United Kingdom
under paragraph 21 of Schedule 2 to the Immigration Act 1971,

(b) the person had been released from detention under that paragraph,

(c) the person was liable to be detained under paragraph 2(1) of
45Schedule 3 to the Immigration Act 1971 but, by virtue of a direction
of the Secretary of State or the court, was not so detained,

(d) the person was liable to be detained under paragraph 2(2) or (3) of
the Schedule but was not so detained,

(e) the person had been released from detention under section 36(3) of
the UK Borders Act 2007, or

(f) 5the person had been released on bail from detention under any
provision of the Immigration Acts.

Part 2 Amendments to other Acts

Immigration Act 1971 (c. 77)1971 (c. 77)

11 10The Immigration Act 1971 is amended as follows.

12 (1) Section 24 (illegal entry and other similar offences) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (e), and

(b) at the end of paragraph (g) insert “;

(h) 15if the person is on immigration bail within the
meaning of Schedule 5 to the Immigration Act 2016
and, without reasonable excuse, the person breaches
a bail condition within the meaning of that Schedule.””

(3) In subsection (3) for “28” substitute “28(1)”.

(4) 20After that subsection insert—

“(3A) The extended time limit for prosecutions which is provided for by
section 28(1A) below shall apply to offences under subsection (1)(h)
above.””

13 (1) Section 28 (proceedings for offences) is amended as follows.

(2) 25In subsection (1) for “24” substitute “24(3)”.

(3) After that subsection insert—

“(1A) Where the offence is one to which, under section 24(3A), an extended
time limit for prosecutions is to apply, then—

(a) an information relating to the offence may in England and
30Wales be tried by a magistrates’ court if it is laid—

(i) within the period of six months beginning with the
date of the commission of the offence, or

(ii) within the period of three months beginning with the
date when the person is first arrested for the offence
35or under paragraph 8 of Schedule 5 (arrest for breach
of bail condition), if that period expires after the end
of the period mentioned in sub-paragraph (i),

(b) summary proceedings for the offence may in Scotland be
commenced—

(i) 40within the period of six months beginning with the
date of the commission of the offence, or

(ii) within the period of three months beginning with the
date when the person is first arrested for the offence

or under paragraph 8 of Schedule 5 (arrest for breach
of bail condition), if that period expires after the end
of the period mentioned in sub-paragraph (i), and

(c) a complaint charging the commission of an offence under this
5paragraph may in Northern Ireland be heard and determined
by a magistrates’ court if it is made—

(i) within the period of six months beginning with the
date of the commission of the offence, or

(ii) within the period of three months beginning with the
10date when the person is first arrested for the offence
or under paragraph 8 of Schedule 5 (arrest for breach
of bail condition), if that period expires after the end
of the period mentioned in sub-paragraph (i).””

(4) In subsection (2) for “subsection (1)(b)” substitute “subsections (1)(b) and
15(1A)(b)”.

14 In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f)
or (h)”.

15 In section 28D(4) (meaning of “relevant offence”) for “(e) or (f)” substitute
“(f) or (h)”.

16 20In Schedule 2 (administrative provisions as to control on entry etc) omit
paragraphs 21 to 25 and 29 to 34.

17 (1) Schedule 3 (supplementary provisions as to deportation) is amended as
follows.

(2) In paragraph 2—

(a) 25in sub-paragraph (1)

(i) omit the words from “unless” in the first place it appears to
“below”, and

(ii) for the words from “unless” in the second place it appears to
the end of the sub-paragraph substitute “unless—

(a) 30the court by which the recommendation is made
grants bail to the person, or

(b) the person is released on immigration bail under
Schedule 5 to the Immigration Act 2016.”,

(b) in sub-paragraph (1A) for the words from “direct” to the end of the
35sub-paragraph substitute “release the person on bail without setting
aside the recommendation”,

(c) in sub-paragraph (3) for the words from “unless” to the end of the
sub-paragraph substitute “unless he is released on immigration bail
under Schedule 5 to the Immigration Act 2016.”, and

(d) 40for sub-paragraphs (4A) to (6) substitute—

“(5) The provisions of Schedule 5 to the Immigration Act 2016
that apply in relation to the grant of immigration bail by
the First-tier Tribunal apply in relation to the grant of bail
by the court under sub-paragraph (1) or (1A).

(6) 45If the court grants bail to a person under sub-paragraph (1)
or (1A), Schedule 5 to the Immigration Act 2016 applies in
relation to that person as if the person had been granted

immigration bail by the First-tier Tribunal under that
Schedule.””

(3) Omit paragraphs 3 to 10.

Special Immigration Appeals Commission Act 1997 (c. 68)1997 (c. 68)

18 5The Special Immigration Appeals Commission Act 1997 is amended as
follows.

19 In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act
1971” substitute “Schedule 5 to the Immigration Act 2016”.

20 (1) Section 5 (procedure in relation to jurisdiction under sections 2 and 3) is
10amended as follows.

(2) In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971”
substitute “Schedule 5 to the Immigration Act 2016”.

(3) In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration
Act 1971” substitute “Schedule 5 to the Immigration Act 2016”.

(4) 15In subsection (5A)—

(a) for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration
Act 1971” substitute “immigration bail under Schedule 5 to the
Immigration Act 2016”, and

(b) for “bail” in the second place it appears substitute “immigration
20bail”.

21 For Schedule 3 substitute—

Section 3

““Schedule 3 Bail: Modifications of Schedule 5 to the Immigration Act 2016

1 Paragraph 1(3) (power to grant bail) has effect as if—

(a) for “The First-tier Tribunal” there were substituted “The
25Special 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 (2)(a), (3) and (5) for “the First-tier
30Tribunal” there were substituted “the Special Immigration
Appeals Commission”, and

(b) in sub-paragraph (5) for “the Tribunal” there were
substituted “the Commission”.

3 Paragraph 3 (exercise of power to grant immigration bail) has
35effect 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
40substituted “the Commission”.

4 Paragraph 6 (power to vary bail conditions) has effect as if—

(a) in sub-paragraphs (3), (5), (6), (7) and (8) for “the First-tier
Tribunal” there were substituted “the Special Immigration
Appeals Commission”, and

(b) in sub-paragraphs (3), (5) and (9) for “the Tribunal” there
5were substituted “the Commission”.

5 Paragraph 8(9) (meaning of “relevant authority”) has effect as if for
“the First-tier Tribunal” in both places there were substituted “the
Special Immigration Appeals Commission”.””

Nationality, Immigration and Asylum Act 2002 (c. 41)2002 (c. 41)

22 10The Nationality, Immigration and Asylum Act 2002 is amended as follows.

23 (1) Section 62 (detention by the Secretary of State) is amended as follows.

(2) In subsection (3) omit paragraph (b) (but not the “and” at the end of it).

(3) Omit subsection (4).

24 Omit sections 68 (bail) and 69 (reporting restriction: travel expenses).

15Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)2004 (c. 19)

25 In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit
section 36 (electronic monitoring).

Immigration, Asylum and Nationality Act 2006 (c. 13)2006 (c. 13)

26 In section 24 of the Immigration, Asylum and Nationality Act 2006
20(temporary admission)—

(a) for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77)1971 (c 77)
(temporary admission or release from detention)” substitute “a grant
of immigration bail to the person under Schedule 5 to the
Immigration Act 2016”, and

(b) 25in paragraph (b) for “paragraph 21(2)” substitute “under that
Schedule as a condition of that person’s immigration bail”.

UK Borders Act 2007 (c. 30)2007 (c. 30)

27 (1) Section 36 of the UK Borders Act 2007 (detention) is amended as follows.

(2) In subsection (2)—

(a) 30after “unless” insert “—(a)”, and

(b) at the end of paragraph (a) insert “, or

(b) the person is granted immigration bail under
Schedule 5 to the Immigration Act 2016.””

(3) In subsection (3) for “direct release” substitute “release a person on bail”.

(4) 35After subsection (3) insert—

“(3A) The provisions of Schedule 5 to the Immigration Act 2016 that apply
in relation to the grant of immigration bail by the First-tier Tribunal
apply in relation to the grant of bail by the court under subsection (3).

(3B) If the court grants bail to a person under subsection (3), Schedule 5 to
the Immigration Act 2016 applies in relation to that person as if the
person had been granted immigration bail by the First-tier Tribunal
under that Schedule.””

(5) 5In subsection (4) omit “(including provisions about bail)”.

(6) Omit subsection (5).

Section 34

SCHEDULE 6 Support for certain categories of migrant

Part 1 10Amendments of the Immigration Acts

Abolition of power to support certain categories of migrant

1 Section 4 of the Immigration and Asylum Act 1999 (provision of
accommodation for failed asylum-seekers, etc) is repealed.

2 In consequence of the repeal made by paragraph 1—

(a) 15in section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);

(b) in the following provisions, omit “section 4 or”—

(i) section 3A(7A) of the Protection from Eviction Act 1977;

(ii) paragraph 3A(1) of Schedule 2 to the Housing (Northern
Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)S.I. 1983/1118 (N.I. 15));

(iii) 20section 23A(5A) of the Rent (Scotland) Act 1984;

(iv) paragraph 4A(1) of Schedule 1 to the Housing Act 1985;

(v) paragraph 11B of Schedule 4 to the Housing (Scotland) Act
1988;

(vi) paragraph 12A(1) of Schedule 1 to the Housing Act 1988;

(c) 25in section 99 of the Immigration and Asylum Act 1999, in subsections
(1) and (4), omit “4,”;

(d) in section 103 of that Act—

(i) omit subsection (2A), and

(ii) in subsections (6) and (7), for “section 4 or 95” substitute
30“section 95”;

(e) in section 118(1)(b) of that Act, omit “4,”;

(f) in section 166(5) of that Act, omit paragraph (za);

(g) in the Nationality, Immigration and Asylum Act 2002—

(i) in section 23, omit subsection (5),

(ii) 35in section 26, in subsection (3), omit “4,”,

(iii) omit section 49,

(iv) in section 51, in subsection (2), omit paragraph (b), and

(v) in section 55, in subsection (2)(a), omit “4,”;

(h) in the Asylum and Immigration (Treatment of Claimants, etc.) Act
402004, omit section 10;