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The Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017

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Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

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3.—(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1) is amended as follows.

(2) In paragraph 26 of Part 1 (immigration: temporary admission)—

(a)in the heading of that paragraph, for “temporary admission” substitute “conditions of immigration bail: persons liable to examination or removal”;

(b)for sub-paragraph (1) substitute—

(1) Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—

(a)paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);

(b)section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State of persons liable to examination or removal)..

(3) In paragraph 27 of Part 1 (immigration: residence etc. restrictions)—

(a)in the heading of that paragraph, for “residence etc restrictions” substitute “conditions of immigration bail (deportation)”;

(b)for sub-paragraph (1) substitute—

(1) Civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under—

(a)paragraph 2(1), (2) or (3) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);

(b)section 36(1) of the UK Borders Act 2007 (detention pending deportation of criminals)..

(4) After paragraph 27 of Part 1 (immigration: residence etc. restrictions), insert—

27A    Immigration: conditions imposed under other provisions

(1) Civil legal services provided in relation to—

(a)conditions imposed on a person released on bail under paragraph 2(1A) of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation);

(b)conditions imposed on a person under section 71(2) of the Nationality, Immigration and Asylum Act 2002 (asylum-seeker: residence, &c. restriction).

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule..

(5) In paragraph 8 of Part 3 (advocacy in the magistrates’ court), omit paragraph (b).

(6) In paragraph 11 of Part 3 (advocacy before the First-tier Tribunal)—

(a)omit paragraph (a) and the “or” following it;

(b)at the end of paragraph (b), insert—

, or

(c)

Schedule 10 to the Immigration Act 2016..

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