The Tribunal Procedure (Amendment No. 2) Rules 2017

Amendment to Part 5 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

14.  In rule 38 (bail applications)—

(a) omit paragraph (2)(c);

(b) for paragraph (2)(d), substitute—

“(d) payment of a sum under a financial condition; or

(e) a reference for consideration under paragraph 11 of Schedule 10 to the 2016 Act.”;

(c) in paragraph (3)—

(i) in the opening words for “paragraph (4)” substitute “paragraphs (4) and (4A)”;

(ii) for sub-paragraph (d) substitute—

“(d) the terms of the financial condition to which the bail party is, or is proposed to be, subject;”;

(iii) for sub-paragraph (f), substitute—

“(f) the full name, address, date of birth and any occupation of any person other than the bail party who is, or is proposed to be, subject to a financial condition.”;

(iv) in sub-paragraph (g) for “as a condition of bail to co-operate with electronic monitoring under section 36 of the 2004 Act” substitute “to co-operate with an electronic monitoring condition under paragraph 2 of Schedule 10 to the 2016 Act.”;

(d) in paragraph (4), for “forfeiture of a recognizance” substitute “payment of a sum under a financial condition”;

(e) after paragraph (4) insert—

“(4A) Where the application is a reference under paragraph 11 of Schedule 10 to the 2016 Act—

(a) paragraph (3) applies except for sub-paragraph (h); and

(b) the application must also contain—

(i) details of the provision or provisions under which the bail party is detained;

(ii) a copy of any previous Secretary of State decision on whether to grant bail; and

(iii) any documents relevant to (i) or (ii).”;

(f) for paragraph (6) substitute—

“(6) On receipt of a bail application, the Tribunal must record the date on which it was received and provide a copy of the application as soon as reasonably practicable to—

(a) the Secretary of State, the bail party and any other person subject to a financial condition, in the case of an application to vary a financial condition;

(b) the bail party, in the case of a reference under paragraph 11 of Schedule 10 to the 2016 Act; and

(c) the Secretary of State, in the case of other bail applications.”.