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c. 77

PART III

Contributions

for expenses of persons returning abroad.

Immigration Act 1971

on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and (b) summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commis- sion of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

(c) a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates' court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

(2) For purposes of subsection (1)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (1)(b) came to his knowledge shall be conclusive evidence.

(3) For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

(4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.

PART IV SUPPLEMENTARY

29.—(1) The Secretary of State may, in such cases as he may with the approval of the Treasury determine, make payments of such amount as may be so determined to meet or provide for expenses of persons who are not patrial in leaving the United Kingdom for a country or territory where they intend to reside permanently, including travelling expenses for members of their families or households.

Immigration Act 1971

c. 77

(2) The Secretary of State shall, so far as practicable, administer this section so as to secure that a person's expenses in leaving the United Kingdom are not met by or out of a payment made by the Secretary of State unless it is shown that it is in that person's interest to leave the United Kingdom and that he wishes to do so.

PART IV

30.-(1) In the following enactments (which provide in Return of relation to England, Wales and Northern Ireland and in relation mental to Scotland, respectively, for aliens receiving treatment for patients. mental illness as in-patients to be removed, where proper arrangements have been made, to a country or territory outside the United Kingdom and Islands), that is to say,-

"

1959 c. 72.

(a) section 90 of the Mental Health Act 1959; and (b) section 82 of the Mental Health (Scotland) Act 1960; 1960 c. 61. there shall in each case be substituted for the words

any patient being an alien" the words any patient who is not patrial within the meaning of the Immigration Act 1971 and "

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(2) Under section 90 of the Mental Health Act 1959 (as under section 82 of the Mental Health (Scotland) Act 1960) the Secretary of State shall only authorise the removal of a patient if it appears to him to be in the interests of the patient; and accordingly in section 90 after the words "and for his care or treatment there" there shall be inserted the words "and that it is in the interests of the patient to remove him ".

31. There shall be defrayed out of moneys provided by Expenses. Parliament any expenses incurred by a Secretary of State under or by virtue of this Act-

(a) by way of administrative expenses (including any addi- tional expenses under the British Nationality Acts 1948 to 1965 which are attributable to Schedule 1 to this Act); or

(b) in connection with the removal of any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure; or

(c) on account of the remuneration, allowances and other sums payable to or in respect of the adjudicators and members of the Immigration Appeal Tribunal, or of the remuneration of the officers and servants appointed for the adjudicators or Tribunal, or of the expenses of the adjudicators or Tribunal; or

(d) on the making of any grants or payments under section

23 or 29 above.

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