The Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017

Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

3.—(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1) is amended as follows.

(2) In paragraph 26 of Part 1 (immigration: temporary admission)—

(a) in the heading of that paragraph, for “temporary admission” substitute “conditions of immigration bail: persons liable to examination or removal”;

(b) for sub-paragraph (1) substitute—

“(1) Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—

(a) paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);

(b) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State of persons liable to examination or removal).”.

(3) In paragraph 27 of Part 1 (immigration: residence etc. restrictions)—

(a) in the heading of that paragraph, for “residence etc restrictions” substitute “conditions of immigration bail (deportation)”;

(b) for sub-paragraph (1) substitute—

“(1) Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—

(a) paragraph 2(1), (2) or (3) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);

(b) section 36(1) of the UK Borders Act 2007 (detention pending deportation of criminals).”.

(4) After paragraph 27 of Part 1 (immigration: residence etc. restrictions), insert—

“27A    Immigration: conditions imposed under other provisions

(1) Civil legal services provided in relation to—

(a) conditions imposed on a person released on bail under paragraph 2(1A) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);

(b) conditions imposed on a person under section 71(2) of the Nationality, Immigration and Asylum Act 2002 (asylum-seeker: residence, &c. restriction).

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.”.

(5) In paragraph 8 of Part 3 (advocacy in the magistrates’ court), omit paragraph (b).

(6) In paragraph 11 of Part 3 (advocacy before the First-tier Tribunal)—

(a) omit paragraph (a) and the “or” following it;

(b) at the end of paragraph (b), insert—

“, or

(c)

Schedule 10 to the Immigration Act 2016.”.

(1)

2012 c. 10.