Moved by
Lord Bates
106: Schedule 9, page 154, line 46, at end insert—
“(2A) Regulations under section 86(1) may, in particular—
(a) make provision about the circumstances in which the power in paragraph 6(1) may or must be exercised so as to impose an electronic monitoring condition on a person to whom this sub-paragraph applies;
(b) enable the Secretary of State to exercise a discretion in determining whether an electronic monitoring condition should be imposed on such a person,
and may, in particular, do so by providing for paragraph 6A or 6B to have effect with modifications in relation to such a person.
(2B) Sub-paragraph (2A) applies to a person who—
(a) by virtue of regulations under section 86(1) is treated as having been granted immigration bail as a result of falling within—
(i) sub-paragraph (2)(c), (d) or (e), or
(ii) sub-paragraph (2)(f) on the basis that the person had been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971,
(b) is not treated as being subject to an electronic monitoring condition, and
(c) is not otherwise subject to an electronic monitoring condition.
(2C) Sub-paragraph (2A) applies to a person who—
(a) is on immigration bail pursuant to a grant before the coming into force of paragraph 2(1A) and (1B), or the coming into force of those provisions in relation to grants of that kind,
(b) before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d), and
(c) is not subject to an electronic monitoring condition.”