Immigration Bill (HL Bill 96)

(5) If 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
5who 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
recoverable as if it were payable under an order of the county court in
England and Wales.

(8) 10In 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) 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) 15Where 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
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) 20in 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)) (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.

25Power 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
removed, or

(b) one or more new conditions of the kind mentioned in paragraph 2(1)
30or (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) 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
35Tribunal 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
40exercise 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) 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
to a person so as to remove a condition about the person’s residence or an
5electronic 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
the person’s residence or impose such a condition on the person.

(10) 10The 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
a condition imposed by the Secretary of State requiring the person to reside
15at 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
address unless the power in sub-paragraph (2) were exercised.

(2) 20The 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
justify the exercise of the power.

(4) 25The 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
Secretary of State thinks that there are exceptional circumstances which
30justify 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) has reasonable grounds for believing that the person is likely to fail
35to 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
40under 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
arresting 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—

(a) 5a 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) A detainee custody officer may enter the premises, if need be by reasonable
10force, 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
  Immigration and Asylum Act 1999 (detained persons: escort and
  15custody), 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
search of persons and premises) apply in relation to a person arrested under
20this 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 brought
before the relevant authority, and

(b) 25may 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
bail to the arrested person or the First-tier Tribunal has directed that
30the 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
relevant authority must decide whether the arrested person has broken or is
35likely 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
mentioned in paragraph 1(1) under which the person is liable to be
40detained, 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
person bail subject to same conditions (but this does not prevent the
45subsequent exercise of the powers in paragraph 6).

(14) In this paragraph—

• “appropriate judicial officer” means—

  Immigration BillPage 154

  (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;

• “premises”—

  (a)

  5in 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)

  in relation to Northern Ireland, has the same meaning as in
  10the Police and Criminal Evidence (Northern Ireland) Order
  1989 (SI 1989/1341 (NI 12)).

Tribunal Procedure Rules

9 (1) Tribunal Procedure Rules must make provision with respect to applications
to the First-tier Tribunal under this Schedule and matters arising out of such
15applications.

(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
immigration bail which—

(a) 20is 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
(2).

(4) 25This 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) Regulations under section 86(1) may, in particular, provide for a person to
30whom 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
in detention on the basis that—

(a) 35the 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
Schedule 3 to the Immigration Act 1971 but, by virtue of a direction
40of 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) 45the 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
86(1).

Part 2 Amendments to other Acts

5Immigration Act 1971 (c. 77)

11 The Immigration Act 1971 is amended as follows.

12 In section 11(1) (construction of references to entry)—

(a) omit “, or temporarily admitted or released while liable to
detention,”,

(b) 10omit “or by Part III of the Immigration and Asylum Act 1999”, and

(c) for “or by section 68 of the Nationality, Immigration and Asylum Act
2002” substitute “or on immigration bail within the meaning of
Schedule 9 to the Immigration Act 2016”.

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

(2) 15In 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
meaning of Schedule 9 to the Immigration Act 2016
20and, 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) The extended time limit for prosecutions which is provided for by
25section 28(1A) below shall apply to offences under subsection (1)(h)
above.”

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

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

(3) After that subsection insert—

“(1A) 30Where 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) within the period of six months beginning with the
35date 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 9 to the
Immigration Act 2016 (arrest for breach of bail
40condition), 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) 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
5or under paragraph 8 of Schedule 9 to the
Immigration Act 2016 (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
10paragraph 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
15date when the person is first arrested for the offence
or under paragraph 8 of Schedule 9 to the
Immigration Act 2016 (arrest for breach of bail
condition), if that period expires after the end of the
period mentioned in sub-paragraph (i).”

(4) 20In subsection (2) for “subsection (1)(b)” substitute “subsections (1)(b) and
(1A)(b)”.

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

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

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

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

(2) 30In paragraph 2—

(a) in 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
35the end of the sub-paragraph substitute “unless—

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

(b) the person is released on immigration bail under
Schedule 9 to the Immigration Act 2016.”,

(b) 40in 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) in sub-paragraph (3) for the words from “unless” to the end of the
sub-paragraph substitute “unless he is released on immigration bail
45under Schedule 9 to the Immigration Act 2016.”, and

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

“(5) The provisions of Schedule 9 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) If the court grants bail to a person under sub-paragraph (1)
or (1A), Schedule 9 to the Immigration Act 2016 applies in
5relation 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)

19 10The Special Immigration Appeals Commission Act 1997 is amended as
follows.

20 In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act
1971” substitute “Schedule 9 to the Immigration Act 2016”.

21 (1) Section 5 (procedure in relation to jurisdiction under sections 2 and 3) is
15amended as follows.

(2) In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971”
substitute “Schedule 9 to the Immigration Act 2016”.

(3) In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration
Act 1971” substitute “Schedule 9 to the Immigration Act 2016”.

(4) 20In subsection (5A)—

(a) for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration
Act 1971” substitute “immigration bail under Schedule 9 to the
Immigration Act 2016”, and

(b) for “bail” in the second place it appears substitute “immigration
25bail”.

22 For Schedule 3 substitute—

Section 3

““Schedule 3 Bail: Modifications of Schedule 9 to the Immigration Act 2016

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

(a) 30for “The First-tier Tribunal” there were substituted “The
Special 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) 35in sub-paragraphs (1)(a), (3) and (5) for “the First-tier
Tribunal” there were substituted “the Special Immigration
Appeals Commission”, and

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

3 40Paragraph 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
First-tier Tribunal” there were substituted “the Special
Immigration Appeals Commission”, and

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

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

5 Paragraph 5(5) (payment of sum under financial condition) has
10effect 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) in sub-paragraphs (3), (4), (6), (7), (8) and (9) for “the First-
tier Tribunal” there were substituted “the Special
15Immigration Appeals Commission”, and

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

7 Paragraph 8(9) (meaning of “relevant authority”) has effect as if for
“the First-tier Tribunal” in both places there were substituted “the
20Special Immigration Appeals Commission”.”

Immigration and Asylum Act 1999 (c. 33)

23 The Immigration and Asylum Act 1999 is amended as follows.

24 In section 10(9) (removal of persons unlawfully in the United Kingdom:
application of Schedule 2 to the Immigration Act 1971) omit paragraphs (h)
25and (i).

25 In section 53 (applications for bail in immigration cases) omit subsection (4).

26 In section 95(9A) (support for asylum seekers etc: matters to which
conditions may relate) in paragraph (b) for the words from “restriction” to
the end of the paragraph substitute “condition imposed under Schedule 9 to
30the Immigration Act 2016 (immigration bail).”

27 (1) Section 141 (fingerprinting: persons temporarily admitted to the United
Kingdom) is amended as follows.

(2) In subsection (7)(b) for “temporarily admitted under paragraph 21 of
Schedule 2 to the 1971 Act” substitute “granted immigration bail under
35Schedule 9 to the Immigration Act 2016”.

(3) In subsection (8)(b) for “admit him temporarily” substitute “grant him bail”.

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

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

29 (1) Section 23 (power for residence restriction to include requirement to reside
40at accommodation centre) is amended as follows.

(2) In subsection (1) for “restriction” substitute “condition”.

(3) For subsection (2) substitute—

“(2) In subsection (1) “residence condition” means a condition imposed
under Schedule 9 to the Immigration Act 2016.”

(4) In subsection (4) for “restriction” substitute “condition”.

30 5In section 30 (conditions of residence at accommodation centres) in
subsection (7) for the words from “restriction” to the end of the subsection
substitute “condition imposed under Schedule 9 to the Immigration Act
2016.”

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

(2) 10In subsection (3) omit paragraph (b) (but not the “and” at the end of it).

(3) Omit subsection (4).

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

33 (1) Section 70 (power for residence restriction to take account of induction
programmes for asylum seekers) is amended as follows.

(2) 15In subsection (1) for “restriction” in both places substitute “condition”.

(3) For subsection (2) substitute—

“(2) In subsection (1) “residence condition” means a condition imposed
under Schedule 9 to the Immigration Act 2016.”

(4) In subsection (5) for “restrictions” substitute “conditions”.

34 (1) 20Section 71 (asylum seeker: residence etc restriction) is amended as follows.

(2) In subsection (2)—

(a) for the words from “restriction” to “restrictions)” substitute
“condition which may be imposed under Schedule 9 to the
Immigration Act 2016”, and

(b) 25for “that Schedule” substitute “Schedule 2 to the Immigration Act
1971”.

(3) In subsection (3)—

(a) for “restriction” in each place substitute “condition”,

(b) for “paragraph 21 of that Schedule” substitute “Schedule 9 to the
30Immigration Act 2016”, and

(c) for “that Schedule” substitute “Schedule 2 to the Immigration Act
1971”.

(4) In subsection (4) for “restriction” substitute “condition”.

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

35 35In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit
section 36 (electronic monitoring).

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

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

(a) in the heading, for “Temporary admission, &c” substitute
“Immigration bail”,

(b) for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77)
(temporary admission or release from detention)” substitute “a grant
5of immigration bail to the person under Schedule 9 to the
Immigration Act 2016”, and

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

UK Borders Act 2007 (c. 30)

37 (1) 10Section 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 9 to the
Immigration Act 2016.”

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

(4) 15After subsection (3) insert—

“(3A) The provisions of Schedule 9 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 9 to
20the 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) In subsection (4) omit “(including provisions about bail)”.

(6) Omit subsection (5).

25Criminal Justice and Immigration Act 2008 (c. 4)

38 The Criminal Justice and Immigration Act 2008 is amended as follows.

39 In section 132(4) (special immigration status: effect of designation) in
paragraph (b) for the words from “temporary admission” to the end of the
paragraph substitute “immigration bail under Schedule 9 to the
30Immigration Act 2016.”

40 In section 133 (special immigration status: conditions) for subsections (3)
and (4) substitute—

“(3) If a condition is imposed under this section on a designated person,
the person imposing the condition may also impose an electronic
35monitoring condition within the meaning of Schedule 9 to the
Immigration Act 2016 on the designated person.

(3A) Paragraph 4 (electronic monitoring conditions) of that Schedule
applies in relation to a condition imposed under subsection (3) as it
applies to an electronic monitoring condition imposed under that
40Schedule.

(4) Paragraph 7(4) and (5) (bail conditions: travelling expenses) of that
Schedule applies in relation to conditions imposed under subsection
(2)(c) as it applies to conditions imposed under that Schedule.”