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2. Paragraph 3 applies to a person who on 31st August 2021—
(a)is not in detention on the basis that—
(i)the person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, is not so detained,
(ii)the person was liable to be detained under paragraph 2(2) or (3) of that Schedule but is not so detained,
(iii)the person has been released from detention under section 36(3) of the UK Borders Act 2007, or
(iv)the person has been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971, and
(b)by virtue of the Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017(1) is treated as having been granted immigration bail, and
(c)is not treated as being subject to an electronic monitoring condition, and
(d)is not otherwise subject to an electronic monitoring condition.
S.I. 2017/1241, amended by S.I. 2018/31.
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