Citation, interpretation and extent

1. —(1) These Regulations may be cited as the Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021.

(2) In these Regulations, “the 2016 Act” means the Immigration Act 2016.

(3) These Regulations extend to England and Wales.

Provisions coming into force on 31st August 2021

2. The day appointed for the coming into force of the following provisions of the 2016 Act is 31st August 2021—

(a) section 61(1) and (2) (immigration bail) insofar as it relates to the provisions of Schedule 10 referred to in sub-paragraph (b); and

(b) Schedule 10 (immigration bail) to the extent not already commenced.

Transitional provisions

3. The Schedule to these Regulations, which contains transitional provisions, has effect.

Regulation 3

SCHEDULE Transitional Provisions

Persons on immigration bail on 31st August 2021

1. Paragraph 3 applies to a person who—

(a) is on immigration bail on 31st August 2021 pursuant to a grant of immigration bail made before that day,

(b) before the grant of immigration bail, was detained or liable to be detained under paragraph 2(1), (2) or (3) of Schedule 3 to the Immigration Act 1971( 2 ) (detention pending deportation) or section 36(1) of the UK Borders Act 2007( 3 ) (detention pending deportation), and

(c) is not subject to an electronic monitoring condition( 4 ).

2. Paragraph 3 applies to a person who on 31st August 2021—

(a) is not in detention on the basis that—

(i) the person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, is not so detained,

(ii) the person was liable to be detained under paragraph 2(2) or (3) of that Schedule but is not so detained,

(iii) the person has been released from detention under section 36(3) of the UK Borders Act 2007, or

(iv) the person has been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971, and

(b) by virtue of the Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017( 5 ) is treated as having been granted immigration bail, and

(c) is not treated as being subject to an electronic monitoring condition, and

(d) is not otherwise subject to an electronic monitoring condition.

3. Subject to paragraph 4, beginning from 31st January 2022 the power in paragraph 6(1)(b) of Schedule 10 to the 2016 Act to impose a new bail condition must be exercised in relation to a person to whom this paragraph applies so as to impose an electronic monitoring condition.

4. Paragraph 7 or 8 (as the case may be) of Schedule 10 to the 2016 Act has effect in relation to a person to whom paragraph 3 applies with the following modifications—

(a) in sub-paragraph 7(4), omit “, by virtue of paragraph 2(5) or (7) or this paragraph,”, and

(b) in sub-paragraph 8(4), omit “, by virtue of paragraph 2(7) or this paragraph,”.