Commentary on provisions of the Act Section 26: Suspension and revival of sections 22 to 25
This section allows provisions in section 22 to 25 (other than the regulation-making power in section 24(9)) to be suspended if their continuance is no longer justified. It also allows for the provisions to be revived if needed again. The method of achieving suspension and revival is by way of regulations made by the Secretary of State. Subsection (1) provides that the operation of these sections is automatically suspended two years after commencement. This is subject to the regulation-making power in subsection (3), read with subsections (4) and (5). Under these provisions, regulations may:
provide for the operation of a relevant provision to be suspended before the time at which its operation would otherwise be suspended (for example, before the end of the initial two-year period provided for in subsection (1));
provide for a relevant provision to continue in force for a further period not exceeding 12 months;
provide for the previously suspended operation of a relevant provision to be revived for a specified period not exceeding 12 months.
	Suspension and revival can be done more than once (subsection (6)).
	Subsection (7) provides that a suspension of a provision should be treated in the same way as a repeal for the purposes of applying the general savings provisions that apply to repeals contained in section 16(1) of the Interpretation Act 1978.
	Subsection (8) enables the Secretary of State, by regulations, to make other transitional or saving provision (in addition to that provided for by virtue of subsection (7)) in consequence of the suspension of a relevant provision. Such regulations are not subject to any parliamentary procedure save if combined with regulations made under subsection (3).
	The provisions in sections 22 to 25 reflect provision in Article 13(3) of the Council of Europe Convention on Action against Trafficking in Human Beings which provides that State parties to the Convention are not bound to observe the minimum 30-day recovery and reflection period if grounds of public order prevent it or if it is found that victim status is being claimed improperly. The Government considers that it is appropriate to apply the public order disqualification to illegal entrants in respect of whom the Secretary of State is required to make arrangements for removal under section 2, on the basis that it is in the interests of the protection of public order in the UK including to prevent persons from evading immigration controls in this country, to reduce or remove incentives for unsafe practices or irregular entry, and to reduce the pressure on public services caused in particular by illegal entry into the UK. The Government recognises, however, that the application of the public order disqualification to this cohort of illegal entrants (subject to the limited exception where a person is cooperating with law enforcement agencies in the investigation or prosecution of an offence relating to the circumstances of their modern slavery or human trafficking) is a significant step and only justified during such time as the exceptional circumstances relating to illegal entry into the UK including by persons crossing the Channel in small boats continues to apply. Accordingly, it is considered appropriate for the continued necessity for these provisions to be kept under review and, when appropriate, for them to be suspended in accordance with the provisions of this section, with power to revive, if circumstances were to again change.