Legislation – Illegal Migration Act 2023

2 Duty to make arrangements for removal

3 Amendment of date in section 2(3) etc

4 Unaccompanied children and power to provide for exceptions

5 Disregard of certain claims, applications etc

6 Removal for the purposes of section 2 or 4

7 Powers to amend Schedule 1

8 Further provisions about removal

9 Support where asylum claim inadmissible

10 Other consequential amendments relating to removal

11 Powers of detention

12 Period for which persons may be detained

13 Powers to grant immigration bail

14 Disapplication of duty to consult Independent Family Returns Panel

15 Electronic devices etc

16 Accommodation and other support for unaccompanied migrant children

17 Transfer of children from Secretary of State to local authority and vice versa

18 Duty of local authority to provide information to the Secretary of State

19 Enforcement of local authorities’ duties under sections 17 and 18

20 Extension to Wales, Scotland and Northern Ireland

21 Transfer of children between local authorities

22 Provisions relating to removal and leave

23 Provisions relating to support: England and Wales

24 Provisions relating to support: Scotland

25 Provisions relating to support: Northern Ireland

26 Suspension and revival of sections 22 to 25

27 Procedure for certain regulations under section 26

28 Amendments relating to sections 22 to 25

29 Disapplication of modern slavery provisions

30 Entry into and settlement in the United Kingdom

31 Persons prevented from obtaining British citizenship etc

32 British citizenship

33 British overseas territories citizenship

34 British overseas citizenship

35 British subjects

36 Disapplication of sections 32 to 35

37 Amendments relating to sections 32 to 36

38 Suspensive claims: interpretation

39 Serious harm suspensive claims: interpretation

40 Meaning of “serious and irreversible harm”

41 Relationship with other proceedings

42 Serious harm suspensive claims

43 Removal conditions suspensive claims

44 Appeals in relation to suspensive claims

45 Permission to appeal in relation to suspensive claims certified as clearly unfounded

46 Suspensive claims out of time

47 Suspensive claims: duty to remove

48 Upper Tribunal consideration of new matters

49 Appeals in relation to suspensive claims: timing

50 Procedure for Tribunal Procedure Rules

51 Finality of certain decisions by the Upper Tribunal

52 Judges of First-tier Tribunal and Upper Tribunal

53 Special Immigration Appeals Commission

54 Interim remedies

55 Interim measures of the European Court of Human Rights

57 Decisions relating to a person’s age

58 Age assessments: power to make provision about refusal to consent to scientific methods

59 Inadmissibility of certain asylum and human rights claims

60 Cap on number of entrants using safe and legal routes

61 Report on safe and legal routes

62 Credibility of claimant: concealment of information etc

63 Financial provision

64 Consequential and minor provision

66 Defined expressions

68 Commencement

SCHEDULES

Schedule 1 Countries or territories to which a person may be removed

Schedule 2 Electronic devices etc

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Illegal Migration Act 2023, Section 26.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Modern slavery

26Suspension and revival of sections 22 to 25

(1)

The operation of a provision of sections 22 to 25 (a “relevant provision”) is suspended at the end of the period of 2 years beginning with the coming into force of that provision.

(2)

Subsection (1) does not apply to section 24(9) (power to amend section 24 in consequence of regulations made by the Scottish Ministers).

(3)

The Secretary of State may by regulations—

(a)

provide for the operation of a relevant provision to be suspended before the time at which its operation would otherwise be suspended;

(b)

provide that a relevant provision the operation of which would otherwise be suspended is to continue to operate for a period specified in the regulations;

(c)

where the operation of a relevant provision has been suspended, provide that the operation of the provision is to revive for a period specified in the regulations.

(4)

A period specified in regulations under subsection (3)(b) must not exceed 12 months from the time at which the operation of the provision would otherwise be suspended.

(5)

A period specified in regulations under subsection (3)(c) must not exceed 12 months.

(6)

A power to make regulations under subsection (3) may be exercised more than once in relation to the same relevant provision.

(7)

Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension of the operation of a relevant provision by or by virtue of this section as if the provision had been repealed by an Act.

(8)

The Secretary of State may by regulations make other transitional or saving provision in connection with the suspension of the operation of a relevant provision.

(9)

A reference in this section to a relevant provision the operation of which would be, or has been, suspended is to a relevant provision the operation of which would be, or has been, suspended—

(a)

by subsection (1),

(b)

by regulations under subsection (3)(a), or

(c)

on the expiry of the period specified in regulations under subsection (3)(b) or (c).