Immigration Act 1971 (c. 77)

SCHEDULES

SCHEDULE 2 U.K. Administrative Provisions as to Control on Entry etc.

Modifications etc. (not altering text)

C1 Sch. 2 modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I

C2 Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))

Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)

C3 Sch. 2 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(4) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(c))

C4 Sch. 2 amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (17.10.2012 coming into force in accordance with art. 1) by The Immigration and Asylum (Jersey) Order 2012 (S.I. 2012/2593), arts. 1, 2(2)

C5 Sch. 2 applied in part (with modifications) by S.I. 2006/1003, reg. 29AA(6)(7) (as inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4))

C6 Sch. 2 amendment to earlier affecting provision S.I. 1993/1813 Sch. 4 para. 1(11) (5.8.2014) by The Channel Tunnel (International Arrangements) (Amendment) Order 2014 (S.I. 2014/1814), arts. 1, 2(3), (4)

Part I U.K. General Provisions

Modifications etc. (not altering text)

C7 Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Temporary admission or release of persons liable to detention U.K.

23 (1) Where a recognizance entered into under paragraph 22 above appears to [F1 the First-tier Tribunal] to be forfeited, [F1 the First-tier Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [F1 the First-tier Tribunal] thinks fit; and an order under this sub-paragraph shall specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction, and— U.K.

(a) the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and

(b) the [F1 the First-tier Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [F2 proper officer] of that court.

[F3 (1A) In sub-paragraph (1) “proper officer” means—

(a) in relation to a magistrates’ court in England and Wales, the [F4 designated officer] for the court; and

(b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]

(2) Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, [F1 the First-tier Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [F1 the First-tier Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

(3) Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [F5 purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . . F6

(4) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M1 Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

Textual Amendments

F1 Words in Sch. 2 para. 23(1)(2) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F2 Words in Sch. 2 para. 23(1)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F3 Sch. 2 para. 23(1A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F4 Words in Sch. 2 para. 23(1A)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(2); S.I. 2005/910, art. 3(y)(bb)

F5 Words in Sch. 2 para. 23(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(3); S.I. 2005/910, art. 3(y)(bb)

F6 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Modifications etc. (not altering text)

C8 Sch. 2 para. 23 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 2; S.I. 1998/1892, art. 2

Sch. 2 para. 23 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 para. 23 applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(b), 127(2)

C9 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

C10 Sch. 2 paras. 22-25 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(i) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

Marginal Citations

M1 1954 c. 9 (N.I.)