Devolution of Immigration Bail Regulations for Scotland and Northern Ireland

Policy effect

Commencement of Section 61 and Schedule 10 of the Immigration Act 2016 in Scotland and Northern Ireland, establishing transition rules for individuals on immigration bail.

Conditions and exceptions

Validated condition or limit: Commencement of Section 61 and Schedule 10 of the Immigration Act 2016 in Scotland and Northern Ireland, establishing transition rules for individuals on immigration bail.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… note is not part of the Regulations) These Regulations bring into force on 31st August 2022 in Scotland and Northern Ireland the provisions of Schedule 10 to the Immigration Act 2016 (c. 19) (the “2016 Act”) which are not already in force and sections 61(1) and (2) of the 2016 Act insofar as they relate to those provisions. These provisions relate to the duty to impose electronic monitoring conditions on those granted or on immigration bail who are subject to deportation. The same provisions were commenced in England and Wales by virtue of the Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021 (S.I. 2021/939 (C. 50)). Regulation 2 contains provisions commencing the following provisions of Schedule 10: sub-paragraphs (2), (3) and (5) to (10) of paragraph 2 (the duty to impose an electronic monitoring condition on those granted immigration bail on or after 31 August 2022 who are liable for detention pending deportation); paragraph 7 (removal etc of electronic monitoring condition where bail is managed by the Secretary of State); paragraph 8 (amendment etc of electronic monitoring condition where bail is managed by the First Tier Tribunal … Tribunal depending on which is managing that person’s bail. Regulation 3 gives effect to the Schedule to these Regulations. The Schedule makes a number of transitional provisions to reflect the phased implementation of electronic monitoring for those who, as at 31st August 2022, are on immigration bail and liable to be detained pending deportation but who are not subject to electronic monitoring. Paragraph 1 sets out that the transitional provisions apply to those who are on immigration bail and liable to be detained pending deportation. Paragraph 2 sets out that the transitional provisions also …

Review method

Two separate automated exact-claim source reviews

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