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Illegal Migration Act 2023

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This is the original version (as it was originally enacted).

26Suspension and revival of sections 22 to 25

This section has no associated Explanatory Notes

(1)The operation of a provision of sections 22 to 25 (a “relevant provision”) is suspended at the end of the period of 2 years beginning with the coming into force of that provision.

(2)Subsection (1) does not apply to section 24(9) (power to amend section 24 in consequence of regulations made by the Scottish Ministers).

(3)The Secretary of State may by regulations—

(a)provide for the operation of a relevant provision to be suspended before the time at which its operation would otherwise be suspended;

(b)provide that a relevant provision the operation of which would otherwise be suspended is to continue to operate for a period specified in the regulations;

(c)where the operation of a relevant provision has been suspended, provide that the operation of the provision is to revive for a period specified in the regulations.

(4)A period specified in regulations under subsection (3)(b) must not exceed 12 months from the time at which the operation of the provision would otherwise be suspended.

(5)A period specified in regulations under subsection (3)(c) must not exceed 12 months.

(6)A power to make regulations under subsection (3) may be exercised more than once in relation to the same relevant provision.

(7)Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension of the operation of a relevant provision by or by virtue of this section as if the provision had been repealed by an Act.

(8)The Secretary of State may by regulations make other transitional or saving provision in connection with the suspension of the operation of a relevant provision.

(9)A reference in this section to a relevant provision the operation of which would be, or has been, suspended is to a relevant provision the operation of which would be, or has been, suspended—

(a)by subsection (1),

(b)by regulations under subsection (3)(a), or

(c)on the expiry of the period specified in regulations under subsection (3)(b) or (c).

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