SCHEDULES
SCHEDULE 10Immigration bail
PART 1Main provisions
8Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal
1
This paragraph applies to a person who—
a
is on immigration bail pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
2
Where the person is subject to an electronic monitoring condition, the First-tier Tribunal—
a
b
if that sub-paragraph applies, must exercise that power so as to remove the condition.
3
This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State considers that—
a
it would be impractical for the person to continue to be subject to the condition, or
b
it would be contrary to that person’s Convention rights for the person to continue to be subject to the condition.
4
If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal—
a
b
if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.
5
This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State—
a
does not consider that it would be impractical to impose such a condition on the person, and
b
does not consider that it would be contrary to the person’s Convention rights to impose such a condition on the person.