Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
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
Schedule 10 to the Immigration Act 2016.”.