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Nationality, Immigration and Asylum Act 2002

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This is the original version (as it was originally enacted).

68Bail

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(1)This section applies in a case where an immigration officer not below the rank of chief immigration officer has sole or shared power to release a person on bail in accordance with—

(a)a provision of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry) (including a provision of that Schedule applied by a provision of that Act or by another enactment), or

(b)section 9A of the Asylum and Immigration Appeals Act 1993 (c. 23) (pending appeal from Immigration Appeal Tribunal).

(2)In respect of an application for release on bail which is instituted after the expiry of the period of eight days beginning with the day on which detention commences, the power to release on bail—

(a)shall be exercisable by the Secretary of State (as well as by any person with whom the immigration officer’s power is shared under the provision referred to in subsection (1)), and

(b)shall not be exercisable by an immigration officer (except where he acts on behalf of the Secretary of State).

(3)In relation to the exercise by the Secretary of State of a power to release a person on bail by virtue of subsection (2), a reference to an immigration officer shall be construed as a reference to the Secretary of State.

(4)The Secretary of State may by order amend or replace subsection (2) so as to make different provision for the circumstances in which the power to release on bail may be exercised by the Secretary of State and not by an immigration officer.

(5)An order under subsection (4)—

(a)may include consequential or transitional provision,

(b)must be made by statutory instrument, and

(c)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6)The following provisions of Part III of the Immigration and Asylum Act 1999 (c. 33) (Bail) shall cease to have effect—

(a)sections 44 to 52 (routine bail hearings),

(b)section 53(5) (bail under regulations to match bail under Part III), and

(c)section 55 (grants to advisory organisations).

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