Immigration and Asylum Act 1999

53 Applications for bail in immigration cases. U.K.

(1) The Secretary of State may by regulations make new provision in relation to applications for bail by persons detained under the 1971 Act [F1 or under section 62 of the Nationality, Immigration and Asylum Act 2002].

(2) The regulations may confer a right to be released on bail in prescribed circumstances.

(3) The regulations may, in particular, make provision—

(a) creating or transferring jurisdiction to hear an application for bail by a person detained under the 1971 Act [F2 or under section 62 of the Nationality, Immigration and Asylum Act 2002];

(b) as to the places in which such an application may be held;

(c) as to the procedure to be followed on, or in connection with, such an application;

(d) as to circumstances in which, and conditions (including financial conditions) on which, an applicant may be released on bail;

(e) amending or repealing any enactment so far as it relates to such an application.

(4) The regulations must include provision for securing that an application for bail made by a person who has brought an appeal under any provision of this Act or the M1 Special Immigration Appeals Commission Act 1997 is heard by the appellate authority hearing that appeal.

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Regulations under this section require the approval of the Lord Chancellor.

(7) In so far as regulations under this section relate to the sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.

Textual Amendments

F1 Words in s. 53(1) added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 62(13)(a), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F2 Words in s. 53(3)(a) added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 62(13)(b), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F3 S. 53(5) repealed (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 68(6)(b), 162(1), Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

Commencement Information

I1 S. 53(1)-(4)(6)(7) in force at 10.2.2003 by S.I. 2003/2, art. 2, Sch.

Marginal Citations

M1 1997 c. 68.