SCHEDULES

SCHEDULE 2 Amendments of the 1971 Act and the Immigration Act 1988

Temporary release of persons liable to detention

I111

1

For sub-paragraph (1) of paragraph 22 of Schedule 2 to the 1971 Act (temporary release of persons liable to detention) there shall be substituted the following sub-paragraphs—

1

The following, namely—

a

a person detained under paragraph 16(1) above pending examination; and

b

a person detained under paragraph 16(2) above pending the giving of directions,

may be released on bail in accordance with this paragraph.

1A

An immigration officer not below the rank of chief immigration officer or an adjudicator may release a person so detained on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time and place as may in the meantime be notified to him in writing by an immigration officer.

1B

Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the United Kingdom.

2

In sub-paragraph (2) of that paragraph—

a

for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

b

for the word “adjudicator”, in the second place where it occurs, there shall be substituted the words “ officer or adjudicator ”.

3

In sub-paragraph (3) of that paragraph—

a

for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

b

for the word “adjudicator”, in the second and third places where it occurs, there shall be substituted the words “ officer or adjudicator ”.