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Criminal Justice Act 1991, Section 46 is up to date with all changes known to be in force on or before 07 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.
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(1)In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted.
(2)In relation to a person who is liable to removal from the United Kingdom, section 37(4) above shall have effect as if the words in parentheses were omitted.
(3)A person is liable to removal from the United Kingdom for the purposes of this section if—
(a)he is liable to deportation under section 3(5) of the M1Immigration Act 1971 and has been notified of a decision to make a deportation order against him;
(b)he is liable to deportation under section 3(6) of that Act;
(c)he has been notified of a decision to refuse him leave to enter the United Kingdom; or
(d)he is an illegal entrant within the meaning of section 33(1) of that Act.
Modifications etc. (not altering text)
C1Ss. 43-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(2)(a)(4), Sch. 5 paras. 9(1)(b),10(1)(c)(2)(a); S.I. 1997/2200, art. 2(1).
Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
S. 46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(4), Sch. 5 paras. 9(2)(a)(b), 10(2)(b); S.I. 1997/2200, art. 2(1).
Commencement Information
I1Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations
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