Special Immigration Appeals Commission Act 1997

Section 3.

SCHEDULE 3Bail: Modifications of Schedule 2 to the Immigration Act 1971

1(1)Paragraph 22 shall be amended as follows.

(2)In sub-paragraph (1A), for the words from the beginning to “adjudicator” there shall be substituted “The Special Immigration Appeals Commission”.

(3)In sub-paragraph (2)—

(a)for the words “immigration officer or adjudicator” there shall be substituted “Special Immigration Appeals Commission”, and

(b)for the words “officer or adjudicator” there shall be substituted “Commission”.

(4)In sub-paragraph (3)—

(a)for “an immigration officer or adjudicator” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “officer or adjudicator”, in both places, there shall be substituted “Commission”.

2(1)Paragraph 23 shall be amended as follows.

(2)In sub-paragraph (1)—

(a)for “an adjudicator” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “the adjudicator”, in each place, there shall be substituted “the Commission”.

(3)In sub-paragraph (2)—

(a)for “an adjudicator” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “the adjudicator” there shall be substituted “the Commission”.

3(1)Paragraph 24 shall be amended as follows.

(2)For sub-paragraph (2), there shall be substituted—

“(2)A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.”

(3)In sub-paragraph (3), for the words from the beginning to “above” there shall be substituted “Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission—”.

4(1)Paragraph 29 shall be amended as follows.

(2)For sub-paragraphs (2) to (4) there shall be substituted—

“(2)The Special Immigration Appeals Commission may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the Commission at a time and place named in the recognizance or bail bond.”

(3)For sub-paragraph (6) there shall be substituted—

“(6)In any case in which the Special Immigration Appeals Commission has power to release an appellant on bail, the Commission may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the Commission; and on the recognizance or bail bond being so taken the appellant shall be released.”

5Paragraph 30(2) shall be omitted.

6(1)Paragraph 31 shall be amended as follows.

(2)In sub-paragraph (1)—

(a)for “an adjudicator or the Tribunal” there shall be substituted “the Special Immigration Appeals Commission”,

(b)for “the adjudicator or the Tribunal, as the case may be,” there shall be substituted “the Commission”, and

(c)for “the adjudicator or Tribunal”, in both places, there shall be substituted “the Commission”.

(3)In sub-paragraph (3)—

(a)for “an adjudicator or the Tribunal” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “the adjudicator or Tribunal” there shall be substituted “it”.

7Paragraph 32 shall be amended as follows—

(a)for “an adjudicator or the Tribunal” there shall be substituted “the Special Immigration Appeals Commission”,

(b)for “the adjudicator or Tribunal” there shall be substituted “the Commission”, and

(c)for “the adjudicator or the Tribunal” there shall be substituted “the Commission”.

8(1)Paragraph 33 shall be amended as follows.

(2)For sub-paragraph (2), there shall be substituted—

“(2)A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.”

(3)In sub-paragraph (3), for the words from the beginning to “above” there shall be substituted “Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission—”.