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Immigration Act 1971
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Changes to legislation:
Immigration Act 1971, Paragraph 17A is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 2 Paragraph 17A:
- Sch. 2 para. 17A applied by 2023 c. 37 s. 8(14)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 10(1A)(1B) inserted by 1999 c. 33 Sch. 14 para. 47(3)
- s. 24(1)(fa) inserted by 2023 c. 37 s. 10(2)
- s. 24C-24F inserted by 2016 c. 19 s. 44(2)
- s. 26A(1)(b)(ia) inserted by 2016 c. 19 Sch. 11 para. 25
- s. 27(1)(aa) inserted by 2023 c. 37 s. 10(3)(a)
- s. 27(1)(ba) inserted by 2023 c. 37 s. 10(3)(b)
- s. 28CA(1)(bb) substituted for word in s. 28CA(1)(b) by 2016 c. 19 s. 44(5)
- Sch. 2 para. 27B(4A) inserted by 2004 c. 19 s. 16
- Sch. 2 para. 26(4) inserted by 2016 c. 19 s. 74(1)
- Sch. 2 Pt. 1A inserted by 2016 c. 19 Sch. 13
- Sch. 2 para. 11A inserted by 2023 c. 37 s. 10(4)
[F117A(1)A person liable to be detained under paragraph 16 may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the examination or removal to be carried out, the decision to be made, or the directions to be given.U.K.
(2)Sub-paragraphs (1) to (2), (2C), (3) and (4) of paragraph 16 apply regardless of whether there is anything that for the time being prevents the examination or removal from being carried out, the decision from being made, or the directions from being given.
(3)Sub-paragraphs (1) and (2) are subject to—
(a)paragraph 16(1B) (power to detain for examination for period not exceeding 12 hours);
(b)paragraph 16(2A) and paragraph 18B (limitation on detention of unaccompanied children);
(c)paragraph 16(2B) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women);
(d)paragraph 16(2D) to (2G) (limitation on detention of pregnant women).
(4)Sub-paragraph (5) applies if, while a person is detained under paragraph 16, the Secretary of State no longer considers that the examination or removal will be carried out, the decision will be made, or the directions will be given within a reasonable period of time.
(5)The person may be detained under paragraph 16 for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
(6)In the application of this paragraph in relation to detention under paragraph 16(3), references to “the removal” are to—
(a)the removal of the person from the ship or aircraft on which the person is detained so that the person may be detained under paragraph 16, or
(b)the removal of the person from the United Kingdom in that ship or aircraft.
(7)In the application of this paragraph in relation to detention under paragraph 16(4), references to “the removal” are to the removal of the person from the United Kingdom in the ship or aircraft on which the person is detained.]
Textual Amendments
F1Sch. 2 para. 17A inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(1)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)
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