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(1) The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).
(2) Condition 1 is that the person—
(a) is a foreign criminal within the meaning of section 131, and
(b) is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c 42) (public authority not to act contrary to Convention).
(3) Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.
(4) A person who has the right of abode in the United Kingdom may not be designated.
(5) The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—
(a) the United Kingdom's obligations under the Refugee Convention, or
(b) the person's rights under the Community treaties.
To be appointed: see s 153(7).