SCHEDULES

SCHEDULE 10Immigration bail

PART 1Main provisions

6Power to vary bail conditions

1

Subject to this paragraph and to paragraphs 7 and 8, where a person is on immigration bail—

a

any of the conditions to which it is subject may be amended or removed, or

b

one or more new conditions of the kind mentioned in paragraph 2(1) or (4) may be imposed on the person.

2

The power in sub-paragraph (1) is exercisable by the person who granted the immigration bail, subject to sub-paragraphs (3) and (4).

3

The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal if the Tribunal so directs.

4

If the First-tier Tribunal gives a direction under sub-paragraph (3), the Tribunal may not exercise the power in sub-paragraph (1) in relation to the person.

5

The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.

6

If the Secretary of State or the First-tier Tribunal exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal must give notice to the person who is on immigration bail.

7

Where the First-tier Tribunal is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.