Immigration Bill (HC Bill 96)

Immigration BillPage 100

(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
make representations to the person to whom it is to be paid.

(7) In England and Wales a sum payable under a financial condition is
5recoverable 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
the same manner as an extract registered decree arbitral bearing a warrant
for execution issued by the sheriff court of any sheriffdom in Scotland.

(9) 10In 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
payable 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
15section 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
Article 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
20judgment 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) Where person is on immigration bail—

(a) any of the conditions to which it is subject may be amended or
25removed, or

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

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

(3) 30The 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
35person.

(5) The requirement for a direction in sub-paragraph (3) does not apply to the
exercise 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
40refuse 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) Where 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
45to a person so as remove a condition about the person’s residence or an

Immigration BillPage 101

electronic monitoring condition, the Secretary of State may impose such a
condition 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
5the 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
person 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
10a condition imposed by the Secretary of State requiring the person to reside
at an address specified in the condition and—

(a) the 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
15address 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) But the power in sub-paragraph (2) applies only to the extent that the
Secretary of State thinks that there are exceptional circumstances which
20justify 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 purpose of complying with a bail condition.

(5) But the power in sub-paragraph (4) applies only to the extent that the
25Secretary of State thinks that there are exceptional circumstances which
justify the making of the payment.

Arrest for breach of immigration bail

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

(a) 30has 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
35there are reasonable grounds for believing that a person liable to be arrested
under this paragraph is to be found on 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
40arresting that person.

(4) Sections 28J and 28K of the Immigration Act 1971 (warrants: application and
execution) apply, with any necessary modifications, to warrants under sub-
paragraph (3).

(5) Sub-paragraph (6) applies where—

Immigration BillPage 102

(a) a warrant under this paragraph is issued for the purposes of the
arrest of a 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.

(6) 5A detainee custody officer may enter the premises, if need be by reasonable
force, for the purpose of carrying out a search.

(7) In sub-paragraph (6)

  • “detainee custody officer” means a person in respect of whom a
    certificate of authorisation is in force under section 154 of the
    10Immigration 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).

(8) Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and
15search 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.

(9) A person arrested under this paragraph—

(a) must, as soon as is practicable after the person’s arrest, be bought
20before the relevant authority, and

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

(10) The relevant authority is—

(a) the Secretary of State, if the Secretary of State granted immigration
25bail 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.

(11) Where an arrested person is brought before the relevant authority, the
30relevant authority must decide whether the arrested person has broken or is
likely to break any of the bail conditions.

(12) 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
35mentioned 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.

(13) 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
40person bail subject to same conditions (but this does not prevent the
subsequent exercise of the powers in paragraph 6).

(14) In this paragraph—

  • “appropriate judicial officer” means—

    (a)

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

    (b)

    45in relation to Scotland, the sheriff or a justice of the peace;

    (c)

    in relation to Northern Ireland, a lay magistrate;

  • “premises”—

    Immigration BillPage 103

    (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)

    5in 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
10to 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
15immigration 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
20(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) 25Regulations under section 56(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
30in 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
35Schedule 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
40the UK Borders Act 2007, or

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

(3) In this paragraph “specified” means specified in regulations under section
56(1).

Immigration BillPage 104

Part 2 Amendments to other Acts

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

11 The Immigration Act 1971 is amended as follows.

12 (1) 5Section 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) if the person is on immigration bail within the
10meaning of Schedule 7 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) After that subsection insert—

(3A) 15The 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) In subsection (1) for “24” substitute “24(3)”.

(3) 20After 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
Wales be tried by a magistrates’ court if it is laid—

(i) 25within 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 7 to the
30Immigration Act 2016 (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) 35within 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 7 to the
40Immigration Act 2016 (arrest for breach of bail
condition), if that period expires after the end of the
period mentioned in sub-paragraph (i), and

Immigration BillPage 105

(c) a complaint charging the commission of an offence under this
paragraph 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
5date 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 7 to the
Immigration Act 2016 (arrest for breach of bail
10condition), 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
(1A)(b)”.

14 In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f)
15or (h)”.

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

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

17 (1) 20Schedule 3 (supplementary provisions as to deportation) is amended as
follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)—

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

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

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

(b) 30the person is released on immigration bail under
Schedule 7 to the Immigration Act 2016.”,

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

(c) 35in 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 7 to the Immigration Act 2016.”, and

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

(5) The provisions of Schedule 7 to the Immigration Act 2016
40that 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) If the court grants bail to a person under sub-paragraph (1)
or (1A), Schedule 7 to the Immigration Act 2016 applies in
45relation to that person as if the person had been granted
immigration bail by the First-tier Tribunal under that
Schedule.”

Immigration BillPage 106

(3) Omit paragraphs 3 to 10.

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

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

19 5In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act
1971” substitute “Schedule 7 to the Immigration Act 2016”.

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

(2) In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971”
10substitute “Schedule 7 to the Immigration Act 2016”.

(3) In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration
Act 1971” substitute “Schedule 7 to the Immigration Act 2016”.

(4) In subsection (5A)—

(a) for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration
15Act 1971” substitute “immigration bail under Schedule 7 to the
Immigration Act 2016”, and

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

21 For Schedule 3 substitute—

Section 3

“Schedule 3 20Bail: Modifications of Schedule 7 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
Special Immigration Appeals Commission”, and

(b) for “the Tribunal” there were substituted “the
25Commission”.

2 Paragraph 2 (conditions of immigration bail) has effect as if—

(a) in sub-paragraphs (1)(a), (3) and (5) for “the First-tier
Tribunal” there were substituted “the Special Immigration
Appeals Commission”, and

(b) 30in sub-paragraph (5) for “the Tribunal” there were
substituted “the Commission”.

3 Paragraph 3 (exercise of power to grant immigration bail) has
effect as if—

(a) in sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the
35First-tier Tribunal” there were substituted “the Special
Immigration Appeals Commission”, and

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

4 Paragraph 4(2)(d) (arrangements under electronic monitoring
40condition) has effect as if for “the First-tier Tribunal” there were
substituted “the Special Immigration Appeals Commission”.

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5 Paragraph 5(5) (payment of sum under financial condition) has
effect as if for “the First-tier Tribunal” there were substituted “the
Special Immigration Appeals Commission”.

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

(a) 5in sub-paragraphs (3), (4), (6), (7), (8) and (9) for “the First-
tier Tribunal” there were substituted “the Special
Immigration Appeals Commission”, and

(b) in sub-paragraphs (3), (4), (6) and (10) for “the Tribunal”
there were substituted “the Commission”.

7 10Paragraph 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 The Nationality, Immigration and Asylum Act 2002 is amended as follows.

23 (1) 15Section 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).

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

25 20In 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
(temporary admission)—

(a) 25for “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 7 to the
Immigration Act 2016”, and

(b) in paragraph (b) for “paragraph 21(2)” substitute “that Schedule as a
30condition 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) for the words from “unless” to the end of the subsection
substitute “the person is granted immigration bail under Schedule 7 to the
35Immigration Act 2016.”

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

(4) After subsection (3) insert—

(3A) The provisions of Schedule 7 to the Immigration Act 2016 that apply
in relation to the grant of immigration bail by the First-tier Tribunal
40apply in relation to the grant of bail by the court under subsection (3).

Immigration BillPage 108

(3B) If the court grants bail to a person under subsection (3), Schedule 7 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 37

SCHEDULE 8 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;

Immigration BillPage 109

(i) in the Immigration, Asylum and Nationality Act 2006, omit section
43(1)(b), (2), (5), (6) and (7);

(j) in the UK Borders Act 2007—

(i) in section 17, in subsection (1)(a), omit “(and section 4)”, and

(ii) 5in section 40, in subsection (1), omit paragraph (e);

(k) in Schedule 1 to the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, in paragraph 31(1)(a), omit “4 or”.

Power to support people making further submissions in relation to protection claims

3 (1) Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6)
10is amended as follows.

(2) In subsection (1)—

(a) for the definition of “asylum-seeker” substitute—

  • ““asylum-seeker” means a person falling within
    subsection (2A) or (2B) (but see also subsection
    15(3C));”;

(b) omit the definition of “claim for asylum”;

(c) before the definition of “housing accommodation” insert—

  • ““further qualifying submissions” has the meaning
    given by subsection (2C);”;

(d) 20after the definition of “Northern Ireland authority” insert—

  • ““protection claim” has the meaning given by section
    82(2) of the Nationality, Immigration and Asylum Act
    2002;”.

(3) After subsection (2) insert—

(2A) 25A person is an asylum-seeker for the purposes of this Part if—

(a) the person is at least 18 years old,

(b) the person has made a protection claim, and

(c) the person’s claim—

(i) has been recorded by the Secretary of State, but

(ii) 30has not been determined.

(2B) A person is also an asylum-seeker for the purposes of this Part if—

(a) the person is at least 18 years old,

(b) the person has made further qualifying submissions (see
subsection (2C)), and

(c) 35the person’s submissions—

(i) have been recorded by the Secretary of State, but

(ii) have not been determined before the end of such
period as may be prescribed.

(2C) A person makes “further qualifying submissions” if—

(a) 40the person makes submissions to the Secretary of State that
the person’s removal from the United Kingdom would
breach any of the obligations mentioned in section 82(2)(a)(i)
or (ii) of the Nationality, Immigration and Asylum Act 2002
(protection claims), and

(b) 45the submissions fall to be considered by the Secretary of State
under paragraph 353 of the immigration rules.”