Legislation – Immigration Act 2016
Changes to legislation:
Immigration Act 2016, Paragraph 40 is up to date with all changes known to be in force on or before 22 December 2025. 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 40:
- s. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
- 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)
- Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(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. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
- 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)
- Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(4)
SCHEDULE 10Immigration bail
PART 2Amendments to other Acts
UK Borders Act 2007 (c. 30)
40
(1)
Section 36 of the UK Borders Act 2007 (detention) is amended as follows.
(2)
In subsection (2) for the words from “unless” to the end of the subsection substitute “
unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016.
”
(3)
In subsection (3) for “direct release” substitute “
.
release a person on bail
”
(4)
“(3A)
The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under subsection (3).
(3B)
If the court grants bail to a person under subsection (3), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.
(3C)
A reference in any provision of, or made under, an enactment other than this section to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under subsection (3) or (as the case may be) a condition imposed by the court on the grant of such bail.”
(5)
In subsection (4) omit “(including provisions about bail)”.
(6)
Omit subsection (5).