Legislation – Immigration Act 2016
Changes to legislation:
Immigration Act 2016, Paragraph 13 is up to date with all changes known to be in force on or before 01 April 2026. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 10 Paragraph 13:
- s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
- Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
- Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
- Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
- specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
- Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
- Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
- Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
SCHEDULE 10Immigration bail
PART 1Main provisions
Transitional provision
13
(1)
Regulations under section 92(1) may, in particular, provide for a person to whom this sub-paragraph applies to be treated, for such purposes as may be specified, as having been granted immigration bail in such circumstances and subject to such conditions as may be specified.
(2)
Sub-paragraph (1) applies to a person who, at the specified time, was not in detention on the basis that—
(a)
the person had been temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the Immigration Act 1971,
(b)
the person had been released from detention under that paragraph,
(c)
the person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, was not so detained,
(d)
the person was liable to be detained under paragraph 2(2) or (3) of that Schedule but was not so detained,
(e)
the person had been released from detention under section 36(3) of the UK Borders Act 2007, or
(f)
the person had been released on bail from detention under any provision of the Immigration Acts.
(3)
Regulations under section 92(1) may, in particular—
(a)
make provision about the circumstances in which the power in paragraph 6(1) may or must be exercised so as to impose an electronic monitoring condition on a person to whom this sub-paragraph applies;
(b)
enable the Secretary of State to exercise a discretion in determining whether an electronic monitoring condition should be imposed on such a person,
and may, in particular, do so by providing for paragraph 7 or 8 to have effect with modifications in relation to such a person.
(4)
Sub-paragraph (3) applies to a person who—
(a)
by virtue of regulations under section 92(1) is treated as having been granted immigration bail as a result of falling within—
(i)
sub-paragraph (2)(c), (d) or (e), or
(ii)
sub-paragraph (2)(f) on the basis that the person had been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971,
(b)
is not treated as being subject to an electronic monitoring condition, and
(c)
is not otherwise subject to an electronic monitoring condition.
(5)
Sub-paragraph (3) applies to a person who—
(a)
is on immigration bail pursuant to a grant before the coming into force of paragraph 2(2) and (3), or the coming into force of those provisions in relation to grants of that kind,
(b)
before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d), and
(c)
is not subject to an electronic monitoring condition.
(6)
In this paragraph “specified” means specified in regulations under section 92(1).