Immigration Act 2016

13 (1) Regulations under section 92(1) may, in particular, provide for a person to whom this sub-paragraph applies to be treated, for such purposes as may be specified, as having been granted immigration bail in such circumstances and subject to such conditions as may be specified. U.K.

(2) Sub-paragraph (1) applies to a person who, at the specified time, was not in detention on the basis that—

(a) the person had been temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the Immigration Act 1971,

(b) the person had been released from detention under that paragraph,

(c) the person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, was not so detained,

(d) the person was liable to be detained under paragraph 2(2) or (3) of that Schedule but was not so detained,

(e) the person had been released from detention under section 36(3) of the UK Borders Act 2007, or

(f) the person had been released on bail from detention under any provision of the Immigration Acts.

(3) Regulations under section 92(1) may, in particular—

(a) make provision about the circumstances in which the power in paragraph 6(1) may or must be exercised so as to impose an electronic monitoring condition on a person to whom this sub-paragraph applies;

(b) enable the Secretary of State to exercise a discretion in determining whether an electronic monitoring condition should be imposed on such a person,

and may, in particular, do so by providing for paragraph 7 or 8 to have effect with modifications in relation to such a person.

(4) Sub-paragraph (3) applies to a person who—

(a) by virtue of regulations under section 92(1) is treated as having been granted immigration bail as a result of falling within—

(i) sub-paragraph (2)(c), (d) or (e), or

(ii) sub-paragraph (2)(f) on the basis that the person had been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971,

(b) is not treated as being subject to an electronic monitoring condition, and

(c) is not otherwise subject to an electronic monitoring condition.

(5) Sub-paragraph (3) applies to a person who—

(a) is on immigration bail pursuant to a grant before the coming into force of paragraph 2(2) and (3), or the coming into force of those provisions in relation to grants of that kind,

(b) before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d), and

(c) is not subject to an electronic monitoring condition.

(6) In this paragraph “specified” means specified in regulations under section 92(1).

Modifications etc. (not altering text)

C1 Sch. 10 applied by 2007 c. 30, s. 36(3A)-(3C) (as inserted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 40(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

C2 Sch. 10 applied by 1971 c. 77, Sch. 3 para. 2(5)-(7) (as substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(d); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

C3 Sch. 10 modified (15.1.2018 for specified purposes, 31.8.2021 for E.W. in so far as not already in force, 31.8.2022 for S.N.I. in so far as not already in force) by 1997 c. 68, Sch. 3 (as substituted by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2); S.I. 2021/939, reg. 2(b) (with Sch. para. 1, 2); S.I. 2022/863, regs. 1(2), 2(b))

Commencement Information

I1 Sch. 10 para. 13 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)