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Immigration Act 2016
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- UK Public General Acts
- 2016 c. 19
- SCHEDULE 11
- PART 2
- Paragraph 48
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This version of this part contains provisions that are prospective.
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Immigration Act 2016, Paragraph 48 is up to date with all changes known to be in force on or before 04 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 11 Paragraph 48:
- specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
- Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
- Sch. 10 para. 3(3A)-(3C) inserted by 2023 c. 37 s. 13(3)(b)
- Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
Prospective
This section has no associated Explanatory Notes
48U.K.Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) has effect as if—
(a)after paragraph 7C there were inserted—
“Eighth class of ineligible person: transitional casesU.K.
7D(1)Paragraph 1 applies to a person if—
(a)the person is a transitionally-supported person (see sub-paragraph (3)),
(b)the Secretary of State has certified that, in the Secretary of State's opinion, the person has failed without reasonable excuse to take reasonable steps—
(i)to leave the United Kingdom voluntarily, or
(ii)to place himself in a position in which he is able to leave the United Kingdom voluntarily,
(c)the person has received a copy of the Secretary of State's certificate, and
(d)the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.
(2)Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).
(3)A person is a “transitionally-supported person” if—
(a)accommodation is provided for the person by virtue of section 4 of the Immigration and Asylum Act 1999 as that section has effect by virtue of paragraph 46 of Schedule 11 to the Immigration Act 2016, or
(b)support is provided for the person under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act, as that provision has effect by virtue of paragraph 47 of that Schedule.
(4)For the purpose of sub-paragraph (1)(d), if the Secretary of State sends a copy of a certificate by first class post to a person's last known address, the person is treated as receiving the copy on the second day after the day on which it was posted.
(5)The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d).”, and
(b)in paragraph 14 (information), references to paragraph 7 included a reference to the paragraph 7D treated as inserted by this Schedule.
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