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Nationality, Immigration and Asylum Act 2002

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Changes over time for: Cross Heading: Temporary release

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Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Cross Heading: Temporary release 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

Temporary releaseU.K.

F168 BailU.K.

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Textual Amendments

F1Ss. 68, 69 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 35; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F169 Reporting restriction: travel expensesU.K.

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Textual Amendments

F1Ss. 68, 69 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 35; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

70 InductionU.K.

(1)A residence [F2condition] may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if—

(a)it requires him to reside at a specified location for a period not exceeding 14 days, and

(b)the person imposing the residence [F2condition] believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.

[F3(2)In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.]

(3)In this section—

  • asylum-seeker” has the meaning given by section 18 of this Act but disregarding section 18(1)(a),

  • dependant of an asylum-seeker” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of an asylum-seeker, and

  • programme of induction” means education about the nature of the asylum process.

(4)Regulations under subsection (3)—

(a)may make different provision for different circumstances,

(b)must be made by statutory instrument, and

(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Subsection (6) applies where the Secretary of State arranges for the provision of a programme of induction (whether or not he also provides other facilities to persons attending the programme and whether or not all the persons attending the programme are subject to residence [F4conditions]).

(6)A local authority may arrange for or participate in the provision of the programme or other facilities.

(7)In particular, a local authority may—

(a)incur reasonable expenditure;

(b)provide services outside its area;

(c)provide services jointly with another body;

(d)form a company;

(e)tender for or enter into a contract;

(f)do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

(8)In this section “local authority” means—

(a)a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

(b)a Northern Ireland authority within the meaning of section 110 of that Act.

Textual Amendments

F2Words in s. 70(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F3S. 70(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F4Word in s. 70(5) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

71 Asylum-seeker: residence, &c. restrictionU.K.

(1)This section applies to—

(a)a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and

(b)a dependant of a person within paragraph (a).

(2)The Secretary of State or an immigration officer may impose on a person to whom this section applies any [F5condition which may be imposed under Schedule 10 to the Immigration Act 2016] on a person liable to detention under paragraph 16 of [F6Schedule 2 to the Immigration Act 1971].

(3)Where a [F7condition] is imposed on a person under subsection (2)—

(a)the [F7condition] shall be treated for all purposes as a [F7condition] imposed under [F8Schedule 10 to the Immigration Act 2016], and

(b)if the person fails to comply with the [F7condition] he shall be liable to detention under paragraph 16 of [F9Schedule 2 to the Immigration Act 1971].

(4)A [F10condition] imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.

(5)In this section—

  • asylum-seeker” has the same meaning as in section 70,

  • claim for asylum” has the same meaning as in section 18, and

  • dependant” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.

(6)Regulations under subsection (5)—

(a)may make different provision for different circumstances,

(b)must be made by statutory instrument, and

(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F5Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F6Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F7Word in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F8Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F9Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(c); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F10Word in s. 71(4) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

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