Section 46 — Conditions on limited leave to enter or remain and immigration bail

(1) The Immigration Act 1971 is amended in accordance with subsections (2) and (3).

(2) In section 3 (general provisions for regulation and control)—

(a) in subsection (1)(c)—

(i) omit the “and” at the end of sub-paragraph (iv), and

(ii) at the end of sub-paragraph (v) insert— (vi) an electronic monitoring condition (see Schedule 1A); (vii) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day; (viii) a condition requiring the person to remain within a particular area; (ix) a condition prohibiting the person from being in a particular area; (x) such other conditions as the Secretary of State thinks fit. , and

(b) after subsection (1) insert— (1A) A condition under any of sub-paragraphs (vi) to (x) of subsection (1)(c) may be attached to limited leave to enter or remain in the United Kingdom given to a person only if the Secretary of State considers that— (a) the person poses a threat to national security, (b) the person poses a threat to the safety of the public, a section of the public, a particular individual or particular individuals, (c) the person has committed an offence that is specified, or falls within a description specified, in Schedule 1 to the Serious Crime Act 2007 (serious offences), (d) the person has committed— (i) an offence that is specified in Part 2 of Schedule 18 to the Sentencing Code (specified sexual offences), (ii) a sexual offence for the purposes of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences), or (iii) an offence that is specified in Part 2 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (specified sexual offences), or (e) the person— (i) has committed, or is suspected of having committed, an offence outside the United Kingdom, and (ii) the act constituting the offence would, if it had been done in any part of the United Kingdom, have constituted an offence within paragraph (c) or (d) (other than an offence within paragraph (xxviii) of the definition of “sexual offence” in section 210A(10) of the Criminal Procedure (Scotland) Act 2010). (1B) For the purposes of subsection (1A)(e) an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law however it is described in that law.

(3) Before Schedule 2 insert— Schedule 1A Electronic monitoring conditions Section 3(1)(c)(vi) 1 For the purposes of section 3(1)(c)(vi), an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following— (a) P’s location at specified times, during specified periods of time or while the arrangements are in place; (b) P’s presence in a location at specified times, during specified periods of time or while the arrangements are in place; (c) P’s absence from a location at specified times, during specified periods of time or while the arrangements are in place. 2 The arrangements may in particular— (a) require P to wear a device; (b) require P to make specified use of a device; (c) require P to communicate in a specified manner and at specified times or during specified periods; (d) involve the exercise of functions by persons other than the Secretary of State. 3 If the arrangements require P to wear, or make specified use of, a device they must— (a) prohibit P from causing or permitting damage to, or interference with, the device, and (b) prohibit P from taking or permitting action that would or might prevent the effective operation of the device. 4 An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old. 5 In this Schedule “specified” means specified in the arrangements.

(4) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 2(1) (conditions of bail), after paragraph (e) insert— (ea) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day; (eb) a condition requiring the person to remain within a particular area; (ec) a condition prohibiting the person from being in a particular area; .