Legislation – Nationality and Borders Act 2022
Changes to legislation:
Nationality and Borders Act 2022, Section 47 is up to date with all changes known to be in force on or before 09 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 Section 47:
- Act modified by S.I. 2008/680, Sch. 11 (as inserted) by S.I. 2025/1107 Sch.
- s. 47(8) omitted by 2026 c. 2 s. 35(2)(e)
- s. 47(10) omitted by 2026 c. 2 s. 35(2)(e)
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act modified by S.I. 2008/680, Sch. 11 (as inserted) by S.I. 2025/1107 Sch.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
PART 3Immigration Control
Removals
47Prisoners liable to removal from the United Kingdom
(1)
The Criminal Justice Act 2003 is amended as follows.
(2)
Section 260 (early removal of prisoners liable to removal from the United Kingdom) is amended as set out in subsections (3) to (8).
(3)
“(1)
Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter).
(2)
The minimum pre-removal custodial period is the longer of—
(a)
one half of the requisite custodial period, and
(b)
the requisite custodial period less one year.”
(4)
In subsection (2C), for “Subsections (1) and (2A) do” substitute “Subsection (1) does”
.
(5)
“(b)
so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence.”
(6)
“(4A)
Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included—
(a)
when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or
(b)
when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence).
(4B)
Where—
(a)
before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and
(b)
the person is removed from the United Kingdom before the Board has disposed of the reference,
the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return).”
(7)
Omit subsection (5).
(8)
“(a)
amend the fraction for the time being specified in subsection (2)(a);
(b)
amend the time period for the time being specified in subsection (2)(b).”
(9)
“261Removal under section 260 and subsequent return to UK: effect on sentence
Where a person—
(a)
has been removed from prison under section 260 on or after the day on which section 47 of the Nationality and Borders Act 2022 came into force,
(b)
has been removed from the United Kingdom following that removal from prison, and
(c)
returns to the United Kingdom,
this Chapter applies to the person with the modifications set out in Schedule 19B.”
(10)
“(2A)
Where this section applies, nothing in section 260 authorises the Secretary of State to remove the offender from prison in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others.”
(11)
After Schedule 19A, insert the Schedule 19B set out in Schedule 8.