- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to UK Borders Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)In this section “foreign criminal” means a person—
(a)who is not a British citizen,
(b)who is convicted in the United Kingdom of an offence, and
(c)to whom Condition 1 or 2 applies.
(2)Condition 1 is that the person is sentenced to a period of imprisonment of at least 12 months.
(3)Condition 2 is that—
(a)the offence is specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal), and
(b)the person is sentenced to a period of imprisonment.
(4)For the purpose of section 3(5)(a) of the Immigration Act 1971 (c. 77), the deportation of a foreign criminal is conducive to the public good.
(5)The Secretary of State must make a deportation order in respect of a foreign criminal (subject to section 33).
(6)The Secretary of State may not revoke a deportation order made in accordance with subsection (5) unless—
(a)he thinks that an exception under section 33 applies,
(b)the application for revocation is made while the foreign criminal is outside the United Kingdom, or
(c)section 34(4) applies.
(7)Subsection (5) does not create a private right of action in respect of consequences of non-compliance by the Secretary of State.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: