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Crime and Punishment (Scotland) Act 1997

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This is the original version (as it was originally enacted).

40Persons liable to removal from the United Kingdom

(1)Subject to the provisions of this section, sections 34, 35 and 37 of this Act apply to persons liable to removal from the United Kingdom.

(2)In calculating any period following the release of such a person for the purposes of any of those sections, no account shall be taken of any period during which that person was furth of the United Kingdom.

(3)For the purposes of this section a person is liable to removal from the United Kingdom if he—

(a)is liable to deportation under section 3(5) of the [1971 c. 77.] Immigration Act 1971 and has been notified of a decision to make a deportation order against him;

(b)is liable to deportation under section 3(6) of that Act;

(c)has been notified of a decision to refuse him leave to enter the United Kingdom; or

(d)is an illegal immigrant within the meaning of section 33(1) of that Act.

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