Criminal Justice and Police Act 2001

37 Saving for powers to remove a person from the United Kingdom U.K.

(1) A travel restriction order made in relation to any person shall not prevent the exercise in relation to that person of any prescribed removal power.

(2) A travel restriction order made in relation to any person shall remain in force, notwithstanding the exercise of any prescribed removal power in relation to that person, except in so far as either—

(a) the Secretary of State by order otherwise provides; or

(b) the travel restriction order is suspended or revoked under section 35.

(3) No person shall be guilty of an offence under section 36 in respect of any act or omission required of him by an obligation imposed in the exercise of a prescribed removal power.

(4) In this section “a prescribed removal power” means any such power conferred by or under any enactment as—

(a) consists in a power to order or direct the removal of a person from the United Kingdom; and

(b) is designated for the purposes of this section by an order made by the Secretary of State.

(5) An order under subsection (2)(a) or (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order under subsection (2)(a)—

(a) may make different provision for different cases; and

(b) may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.

(7) References in this section to a person’s removal from the United Kingdom include references to his deportation, extradition, repatriation, delivery up or other transfer to a place outside the United Kingdom.

Commencement Information

I1 S. 37 wholly in force at 1.4.2002; s. 37 not in force at Royal Assent see s. 138; s. 37 in force for certain purposes at 19.6.2001 by S.I. 2001/2223, art. 2(2)(b); s. 37 in force at 1.4.2002 insofar as not already in force by S.I. 2002/344, art. 3 (with art. 4)