The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017

Immigration (European Economic Area) Regulations 2016

8.—(1) The Immigration (European Economic Area) Regulations 2016(1) are amended as follows.

(2) In regulation 2, after the definition of “the 2006 Regulations”, insert—

““the 2016 Act” means the Immigration Act 2016;”.

(3) In regulation 29—

(a) in paragraph (2), for the words “, 16 to 18A and 21 to 24”, substitute “and 16 to 18A”; and

(b) for paragraph (3) substitute—

“(3) For so long as a person to whom this regulation applies is detained under the powers conferred by Schedule 2 to the 1971 Act, or granted bail under Schedule 10 to the 2016 Act whilst liable to be detained under the powers conferred by Schedule 2 to the 1971 Act, the person is deemed not to have been admitted to the United Kingdom.”.

(4) In regulation 30, in paragraph (2)—

(a) for the words “16 to 19 and 21 to 24” substitute “and 16 to 19”; and

(b) after the words “Schedule 2 to the 1971 Act”, insert “(and the provisions of Schedule 10 to the 2016 Act apply accordingly)”.

(5) In regulation 40—

(a) at the end of paragraph (4) insert “and the provisions of Schedule 10 to the 2016 Act apply accordingly”; and

(b) omit paragraph (7).

(6) In regulation 41—

(a) in paragraph (2), omit the words “(within the meaning of paragraphs 21 to 24 of Schedule 2 to the 1971 Act, as applied by this regulation)”;

(b) in paragraph (6)—

(i) for the words “16 to 18A and 21 to 24” substitute “and 16 to 18A”; and

(ii) at the end of that paragraph insert “and the provisions of Schedule 10 to the 2016 Act apply accordingly”;

(c) after paragraph (8) insert—

“(9) For the purposes of this regulation, a person (“P”) is temporarily admitted to the United Kingdom if P is admitted on bail under Schedule 10 to the 2016 Act without having otherwise been admitted, and the expression temporary admission is to be construed accordingly.”.

(1)

S.I. 2016/1052.