Commentary on provisions of the Act Section 55: Interim measures of the European Court of Human Rights
This section sets out how interim measures indicated by the European Court of Human Rights affect the duty in section 2 to make arrangements for the removal of a person from the UK.
	Subsection (2) provides that a Minister of the Crown may, but need not, decide that the duty to remove in section 2(1) does not apply to a person where the European Court of Human Rights has indicated an interim measure in relation to that person.
	Subsection (3) provides that the decision provided for in subsection (2) must be a personal decision by the Minister of the Crown.
	Subsection (4) provides that the Minister may have regard to any matter that the Minister considers relevant, including the matters set out in subsection (5), when making a decision under subsection (2). Subsection (5) sets out procedures for indicating an interim measure that may be relevant when considering a decision under subsection (2) including: whether the UK government was given an opportunity to present observations and information before the interim measure was indicated; the form of the decision to indicate the interim measure; whether the European Court of Human Rights will, without undue delay, take account of any representation made by the UK government where reconsideration of the decision to indicate the interim measure has been sought; and the likely duration of the interim measure and the timing of any substantive determination by the European Court of Human Rights.
	Subsection (6) provides that where the Minister does not make a decision under subsection (2), the person or decision-making authority as set out in subsection (7) may not have regard to the interim measure in the circumstances described in subsection (7).
	Subsection (7) applies to the Secretary of State or an immigration officer in relation to a decision to remove under section 2(1) or 8(2), (8) or (9); the Upper Tribunal when considering an appeal or application for permission to appeal; and a court or tribunal when considering an appeal or application relating to a decision to remove a person from the UK.
	Subsection (8) provides that no inference is to be drawn about whether a person or decision-making authority set out in subsection (7) would otherwise have been required to have regard to the interim measure.
	Subsection (9) provides that the Secretary of State or an immigration officer is not required to effect the removal of a person under the Act pending the Minister’s decision under subsection (2).
	Subsection (10) defines terms used in this section.