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Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 9 is up to date with all changes known to be in force on or before 22 September 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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(1)In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 1(3) of this Act shall have effect as if the words “, if recommended to do so by the Parole Board,” were omitted.
[F1(1A)Subsection (1) does not apply in relation to a person to whom section 1AB applies.]
(2)In relation to a person who is liable to removal from the United Kingdom, section 12 of this Act shall have effect as if subsection (2) were omitted.
(3)For the purposes of this section, a person is liable to removal from the United Kingdom if he—
(a)is liable to deportation under section 3(5) of the M1Immigration Act 1971 and has been notified of a decision to make a deportation order against him;
(b)is liable to deportation under section 3(6) of that Act;
(c)has been notified of a decision to refuse him leave to enter the United Kingdom; F2. . .
(d)is an illegal [F3entrant] within the meaning of section 33(1) of that Act;[F4 or
(e)if he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).]
Textual Amendments
F1S. 9(1A) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 4(7), 10(4)
F2Word preceding s. 9(3)(d) omitted (8.2.2006) by virtue of Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(7)(b), 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1
F3Word in s. 9(3)(d) substituted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(7)(a), 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1
F4S. 9(3)(e) and preceding word inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(7)(b), 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1
Modifications etc. (not altering text)
C1S. 9 excluded (17.12.2001) by 2001 asp 13, s. 24(c) (with s. 29); S.S.I. 2001/456, art. 2
C2Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(1)(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)
Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))
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