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Immigration and Asylum Act 1999

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Changes over time for: Part III

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Version Superseded: 03/04/2006

Status:

Point in time view as at 15/04/2005. This version of this part contains provisions that are prospective. Help about Status

Changes to legislation:

Immigration and Asylum Act 1999, Part III is up to date with all changes known to be in force on or before 12 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

Part IIIU.K. Bail

Prospective

Routine bail hearingsU.K.

F144 Bail hearings for detained persons.U.K.

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F145 Location of bail hearings.U.K.

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F146 General right to be released on bail.U.K.

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F147 Powers exercisable on granting bail.U.K.

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F148 Forfeiture.U.K.

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F149 Forfeiture of securities.U.K.

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F150 Power of arrest.U.K.

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Prospective

ProcedureU.K.

F151 Procedure.U.K.

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F152 Use of live television links at bail hearings.U.K.

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Bail hearings under other enactmentsU.K.

53 Applications for bail in immigration cases.U.K.

(1)The Secretary of State may by regulations make new provision in relation to applications for bail by persons detained under the 1971 Act [F2or under section 62 of the Nationality, Immigration and Asylum Act 2002].

(2)The regulations may confer a right to be released on bail in prescribed circumstances.

(3)The regulations may, in particular, make provision—

(a)creating or transferring jurisdiction to hear an application for bail by a person detained under the 1971 Act [F3or under section 62 of the Nationality, Immigration and Asylum Act 2002];

(b)as to the places in which such an application may be held;

(c)as to the procedure to be followed on, or in connection with, such an application;

(d)as to circumstances in which, and conditions (including financial conditions) on which, an applicant may be released on bail;

(e)amending or repealing any enactment so far as it relates to such an application.

(4)The regulations must include provision for securing that an application for bail made by a person who has brought an appeal under any provision of [F4the Nationality, Immigration and Asylum Act 2002] or the M1Special Immigration Appeals Commission Act 1997 is heard by the appellate authority hearing that appeal.

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Regulations under this section require the approval of the Lord Chancellor.

(7)In so far as regulations under this section relate to the sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.

Textual Amendments

Commencement Information

I1S. 53(1)-(4)(6)(7) in force at 10.2.2003 by S.I. 2003/2, art. 2, Sch.

Marginal Citations

54 Extension of right to apply for bail in deportation cases.U.K.

(1)Paragraph 2 of Schedule 3 to the 1971 Act (detention or control pending deportation) is amended as follows.

(2)In sub-paragraph (1), at the end insert “ or he is released on bail ”.

(3)In sub-paragraph (3), after “unless” insert “ he is released on bail or ”.

(4)After sub-paragraph (4) insert—

(4A)Paragraphs 22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as they apply in relation to a person detained under paragraph 16 of that Schedule.

Commencement Information

I2S. 54 in force at 10.2.2003 by S.I. 2003/2, art. 2, Sch.

Prospective

GrantsU.K.

F655 Grants to voluntary organisations.U.K.

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