Prospective
Modifications etc. (not altering text)
C1Pt. 10: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(k), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
(1)The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).
(2)Condition 1 is that the person—
(a)is a foreign criminal within the meaning of section 131, and
(b)is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).
(3)Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.
(4)A person who has the right of abode in the United Kingdom may not be designated.
(5)The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—
(a)the United Kingdom's obligations under the Refugee Convention, F1...
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 130(5)(b) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 18(2)