SCHEDULES

SCHEDULE 2 Administrative Provisions as to Control on Entry etc.

Part I General Provisions

Temporary admission or release of persons liable to detention

21

(1)

A person liable to detention or detained under paragraph 16 F1(1), (1A) or (2) above may, under the written authority of an immigration officer, be temporarily admitted to the United Kingdom without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him.

(2)

So long as a person is at large in the United Kingdom by virtue of this paragraph, he shall be subject to such restrictions as to residence F2, as to his employment or occupation and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by an immigration officer.

F3(2A)

The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State.

(2B)

The regulations may, among other things, provide for the inclusion of provisions—

(a)

prohibiting residence in one or more particular areas;

(b)

requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.

(2C)

The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.

(2D)

The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases.

(2E)

But no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

F4(3)

Sub-paragraph (4) below applies where a person who is at large in the United Kingdom by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 F5or 2A above.

(4)

If the person fails at any time to comply with that restriction—

(a)

an immigration officer may direct that the person’s examination F6. . . shall be treated as concluded at that time; but

(b)

nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the United Kingdom to be given within twenty-four hours after that time.

22

F7(1)

The following, namely—

(a)

a person detained under paragraph 16(1) above pending examination;

F8(aa)

a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter; and

(b)

a person detained under paragraph 16(2) above pending the giving of directions,

may be released on bail in accordance with this paragraph.

(1A)

An immigration officer not below the rank of chief immigration officer or F9the First-tier Tribunal may release a person so detained on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time and place as may in the meantime be notified to him in writing by an immigration officer.

(1B)

Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the United Kingdom.

(2)

The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the F10immigration officer or F9the First-tier Tribunal to be likely to result in the appearance of the person bailed at the required time and place; and any recognizance shall be with or without sureties as the F10officer or F9the First-tier Tribunal may determine.

(3)

In any case in which an F11immigration officer or F9the First-tier Tribunal has power under this paragraph to release a person on bail, the F11officer or F9the First-tier Tribunal may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the F11officer or F9the First-tier Tribunal ; and on the recognizance or bail bond being so taken the person to be bailed shall be released.

F12(4)

A person must not be released on bail in accordance with this paragraph without the consent of the Secretary of State if—

(a)

directions for the removal of the person from the United Kingdom are for the time being in force, and

(b)

the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.

23

(1)

Where a recognizance entered into under paragraph 22 above appears to F13the First-tier Tribunal to be forfeited, F13the First-tier Tribunal may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as F13the First-tier Tribunal thinks fit; and an order under this sub-paragraph shall specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction, and—

(a)

the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and

(b)

the F13the First-tier Tribunal shall, as soon as practicable, give particulars of the recognizance to the F14proper officer of that court.

F15(1A)

In sub-paragraph (1) “proper officer” means—

(a)

in relation to a magistrates’ court in England and Wales, the F16designated officer for the court; and

(b)

in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

(2)

Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, F13the First-tier Tribunal may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by F13the First-tier Tribunal to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

(3)

Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the F17purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being due under a recognizance forfeited by such a court . . . F18

(4)

Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M1Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

24

(1)

An immigration officer or constable may arrest without warrant a person who has been released by virtue of paragraph 22 above—

(a)

if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or

(b)

if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;

and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.

(2)

A person arrested under this paragraph—

(a)

if not required by a condition on which he was released to appear before an immigration officer within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before F19the First-tier Tribunal or, if that is not practicable within those twenty-four hours, before F20in England and Wales, a justice of the peace, in Northern Ireland, a justice of the peace F21... or, in Scotland, the sheriff; and

(b)

if required by such a condition to appear within those twenty-four hours before an immigration officer, shall be brought before that officer.

(3)

F22Where a person is brought before F23the First-tier Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff

(a)

if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—

(i)

direct that he be detained under the authority of the person by whom he was arrested; or

(ii)

release him, on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and

(b)

if not of that opinion, shall release him on his original recognizance or bail.

F2425.

F25(1)

Tribunal Procedure Rules F26must make provision with respect to applications to the First-tier Tribunal under paragraphs 22 to 24 and matters arising out of such applications.

F27(2)

Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 22, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 22 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.