175.This section allows the Secretary of State, by regulations, to make new provision in relation to applications for bail made under current immigration legislation. Subsection (2) makes it clear that the regulations may confer a right to be released on bail in prescribed circumstances. Subsection (3) provides that, in particular, the regulations may make provision for creating or transferring jurisdiction to hear an application for bail from adjudicators to magistrates, as to the places in which a hearing can take place, as to circumstances in which, and conditions (including financial conditions) on which an applicant may be released on bail, and to amend or repeal any enactment so far as it relates to such an application. Any regulations under this section require the approval of the Lord Chancellor. In addition, the Lord Chancellor is required to obtain the consent of Scottish Ministers before he gives his approval to any regulations which would, for Scotland, extend to the sheriff court or the Court of Session jurisdiction to hear applications for bail with which section 53 is concerned.
Schedule 1: Detention and sale of transporters Part III: Bail Section 53: Applications for bail in immigration cases