117.This section ensures that a travel restriction order shall not prevent a person’s removal from the United Kingdom where it is ordered by the Secretary of State or by the courts. There are a number of circumstances where this might apply: deportation and extradition are examples. These various statutory powers will be listed in a statutory instrument which will be subject to the negative resolution procedure. Normally, where a person is removed under this section, removal will be permanent and there is no need for the banning order to remain in force. The provision in sub-section (2) is to cover circumstances where, following an offender’s temporary removal (e.g. to give evidence in criminal proceedings overseas), he or she is returned to the United Kingdom.
Commentary on Sections Part 1: Provisions for Combatting Crime and Disorder. Local child curfew schemes Section 37: Saving for powers to remove a person from the United Kingdom