Moved by
Lord Bates
92: Schedule 9, page 151, line 26, leave out “Where” and insert “Subject to this paragraph and to paragraphs 6A and 6B, where a”
93: Schedule 9, page 151, line 38, at end insert—
“(4A) The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.”
94: Schedule 9, page 151, line 39, leave out sub-paragraph (5)
95: Schedule 9, page 151, line 42, leave out “decides to exercise, or to refuse” and insert “exercises, or refuses”
96: Schedule 9, page 152, line 3, leave out sub-paragraphs (8) to (10)
97: Schedule 9, page 152, line 11, at end insert—
“Removal etc of electronic monitoring condition: bail managed by Secretary of State
“6A (1) This paragraph applies to a person who—
(a) is on immigration bail—
(i) pursuant to a grant by the Secretary of State, or
(ii) pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
(b) before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).
(2) Where the person is subject to an electronic monitoring condition, the Secretary of State—
(a) must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but
(b) if that sub-paragraph applies, must exercise that power so as to remove the condition.
(3) This sub-paragraph applies if the Secretary of State considers that—
(a) it would be impractical for the person to continue to be subject to the condition, or
(b) it would be contrary to that person’s Convention rights for the person to continue to be subject to the condition.
(4) If, by virtue of paragraph 2(2A) or (2C) or this paragraph, the person is not subject to an electronic monitoring condition, the Secretary of State—
(a) must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but
(b) if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.
(5) This sub-paragraph applies if, having considered whether it would be impractical or contrary to the person’s Convention rights to impose such a condition on the person, the Secretary of State—
(a) does not consider that it would be impractical to do so, and
(b) does not consider that it would be contrary to the person’s Convention rights to do so.
Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal
6B (1) This paragraph applies to a person who—
(a) is on immigration bail pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
(b) before the person was granted immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).
(2) Where the person is subject to an electronic monitoring condition, the First-tier Tribunal—
(a) must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but
(b) if that sub-paragraph applies, must exercise that power so as to remove the condition.
(3) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State considers that—
(a) it would be impractical for the person to continue to be subject to the condition, or
(b) it would be contrary to that person’s Convention rights for the person to continue to be subject to the condition.
(4) If, by virtue of paragraph 2(2C) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal—
(a) must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but
(b) if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.
(5) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State—
(a) does not consider that it would be impractical to impose such a condition on the person, and
(b) does not consider that it would be contrary to the person’s Convention rights to impose such a condition on the person.”
98: Schedule 9, page 152, line 13, after “where” insert “—(a)”
99: Schedule 9, page 152, line 14, leave out “imposed by the Secretary of State”
100: Schedule 9, page 152, leave out lines 16 and 17
101: Schedule 9, page 153, line 41, at end insert “, subject to sub-paragraph (13A)”
102: Schedule 9, page 153, line 44, after “this” insert “is subject to sub-paragraph (13A), and”
103: Schedule 9, page 153, line 45, at end insert—
“(13A) The power in sub-paragraph (12) to grant bail subject to the same conditions and the duty in sub-paragraph (13) to do so do not affect the requirement for the grant of bail to comply with paragraph 2.”
104: Schedule 9, page 154, line 30, leave out “sub-paragraph (2)” and insert “this sub-paragraph”
105: Schedule 9, page 154, line 33, leave out “This sub-paragraph” and insert “Sub-paragraph (1)”