SCHEDULES
C2C3C4C4C4C6C5C7 SCHEDULE 3 Supplementary Provisions as to Deportation
Sch. 3 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(3), 40(4)
Schs. 2-4: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)
Sch. 3 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)
Sch. 3 applied (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 16(3)
Removal of persons liable to deportation
1
1
Where a deportation order is in force against any person, the Secretary of State may give directions for his removal to a country or territory specified in the directions being either—
a
a country of which he is a national or citizen; or
b
a country or territory to which there is reason to believe that he will be admitted.
2
The directions under sub-paragraph (1) above may be either—
a
directions given to the captain of a ship or aircraft about to leave the United Kingdom requiring him to remove the person in question in that ship or aircraft; or
b
directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for his removal in a ship or aircraft specified or indicated in the directions; or
c
directions for his removal in accordance with arrangements to be made by the Secretary of State.
3
In relation to directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with the substitution of references to the Secretary of State for references to an immigration officer, as they apply in relation to directions for removal given under paragraph 8 of that Schedule.
4
The Secretary of State, if he thinks fit, may apply in or towards payment of the expenses of or incidental to the voyage from the United Kingdom of a person against whom a deportation order is in force, or the maintenance until departure of such a person and his dependants, if any, any money belonging to that person; and except so far as they are paid as aforesaid, those expenses shall be defrayed by the Secretary of State.
Detention or control pending deportation
C12
1
Where a recommendation for deportation made by a court is in force in respect of any person, F1and that person is not detained in pursuance of the sentence or order of any court, he shallF10... be detained pending the making of a deportation order in pursuance of the recommendation, F11unless—
a
the court by which the recommendation is made grants bail to the person, or
b
the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.
F21A
Where—
a
a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
b
he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to F13release the person on bail without setting aside the recommendation.
2
Where notice has been given to a person in accordance with regulations under F3section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision) of a decision to make a deportation order against him, F4and he is not detained in pursuance of the sentence or order of a court , he may be detained under the authority of the Secretary of State pending the making of the deportation order.
3
Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained F12unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016.
4
In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17 F5F7to 18A and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule F6; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.
F84ZA
The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
F95
The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).
6
If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.
7
A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.
Effect of appeals
F143
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Powers of courts pending deportation
F144
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F145
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F146
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F147
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F148
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F149
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F1410
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Schs. 2-4 extended (with modifications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I
Schs. 2-4 extended (with modifications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Sch. 3 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(12)
Sch. 3 amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 3 applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 3 applied (2.10.2000 with application as mentioned in reg. 9) by S.I. 2000/2326, reg. 26(3)
Sch. 3 restricted (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(2)(7) (as substituted (1.4.2003) for reg. 34(2)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))
Sch. 3 applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))