Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 20123
1
Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 20123 is amended as follows.
2
In paragraph 26 of Part 1 (immigration: temporary admission)—
a
in the heading of that paragraph, for “temporary admission” substitute “conditions of immigration bail: persons liable to examination or removal”;
b
for sub-paragraph (1) substitute—
1
Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—
a
paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);
b
section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State of persons liable to examination or removal).
3
In paragraph 27 of Part 1 (immigration: residence etc. restrictions)—
a
in the heading of that paragraph, for “residence etc restrictions” substitute “conditions of immigration bail (deportation)”;
b
for sub-paragraph (1) substitute—
1
Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—
a
paragraph 2(1), (2) or (3) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);
b
section 36(1) of the UK Borders Act 2007 (detention pending deportation of criminals).
4
After paragraph 27 of Part 1 (immigration: residence etc. restrictions), insert—
27AImmigration: conditions imposed under other provisions
1
Civil legal services provided in relation to—
a
conditions imposed on a person released on bail under paragraph 2(1A) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);
b
conditions imposed on a person under section 71(2) of the Nationality, Immigration and Asylum Act 2002 (asylum-seeker: residence, &c. restriction).
2Exclusions
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
5
In paragraph 8 of Part 3 (advocacy in the magistrates’ court), omit paragraph (b).
6
In paragraph 11 of Part 3 (advocacy before the First-tier Tribunal)—
a
omit paragraph (a) and the “or” following it;
b
at the end of paragraph (b), insert—
, or
- a
Schedule 10 to the Immigration Act 2016.