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Immigration Act 1971

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Changes over time for: Cross Heading: Grant of bail pending appeal

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Version Superseded: 15/01/2018

Status:

Point in time view as at 20/10/2014.

Changes to legislation:

Immigration Act 1971, Cross Heading: Grant of bail pending appeal is up to date with all changes known to be in force on or before 20 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

Grant of bail pending appealU.K.

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] and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph [F2(and paragraph 22 does not apply)].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 [F3the First-tier Tribunal] at a time and place named in the recognizance or bail bond.

(3)[F4the First-tier Tribunal] may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F5the Tribunal] or the [F6Immigration Appeal Tribunal] at a time and place named in the recognizance or bail bond; F7. . .

(4)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F9the First-tier Tribunal] has power or is required by this paragraph to release an appellant on bail, [F10the 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 [F11the 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))

F2Words in Sch. 2 para. 29(1) inserted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(4), 75(3); S.I. 2014/2771, art. 4(a)

F6Words 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))

F7Words 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)

F8Sch. 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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