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Immigration Act 1971

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Changes over time for: Paragraph 29

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Version Superseded: 20/10/2014

Status:

Point in time view as at 28/07/2014.

Changes to legislation:

Immigration Act 1971, Paragraph 29 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

29(1)Where a person (in the following provisions of this Schedule referred to as “an appellant”) has an appeal pending under [F1Part 5 of the Nationality, Immigration and Asylum Act 2002] [or section 2 of the Special Immigration Appeals Commission Act 1997 or a review pending under section 2E of that Act] and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph.U.K.

(2)An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F2the First-tier Tribunal] at a time and place named in the recognizance or bail bond.

(3)[F3the First-tier Tribunal] may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F4the Tribunal] or the [F5Immigration Appeal Tribunal] at a time and place named in the recognizance or bail bond; F6. . .

(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named; and any recognizance shall be with or without sureties as that person may determine.

(6)In any case in which [F8the First-tier Tribunal] has power or is required by this paragraph to release an appellant on bail, [F9the Tribunal] may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by [F10the Tribunal] ; and on the recognizance or bail bond being so taken the appellant shall be released.

Textual Amendments

F1Words in Sch. 2 para. 29(1) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 6(a) (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 2003/1339))

F5Words in Sch. 2 para. 29 substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 6(b) (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 2003/1339))

F6Words in Sch. 2 para. 29(3) omitted (4.4.2005) by virtue of and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, Sch. 2 para. 1(4)(b)(iii), Sch. 4; S.I. 2005/565, art. 2 (with arts. 3-9)

F7Sch. 2 para. 29(4) omitted (4.4.2005) by virtue of and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, Sch. 2 para. 1(4)(c), Sch. 4; S.I. 2005/565, art. 2 (with arts. 3-9)

Modifications etc. (not altering text)

C1Sch. 2 para. 29 modified (retrospectively and temp.) by Immigration Act 2016 (c. 19), ss. 61(3)-(5), 94(3) (with s. 61(6))

C2Sch. 2 para. 29 amended (1.9.1996) by 1996 c. 49, s. 3(6); S.I. 1996/2053, art. 2, Sch. Pt. II

Sch. 2 para. 29 applied (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(6)(7) (as substituted (1.4.2003) for reg. 34(6)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Sch. 2 para. 29 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 4; S.I. 1998/1892, art. 2

C4Words in Sch. 2 para. 29(1) inserted by 1997 c. 68, Sch. 3 para. 4(1A) (as inserted) (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 10(3); S.I. 2014/1820, art. 3(cc)

C5Sch. 2 para. 29(5)(6) applied (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para. 3; S.I. 1996/2053, art. 2, Sch. Pt. II)

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