Immigration, Asylum and Nationality Act 2006 (c. 13)

Claimants and applicants U.K.

46 Inspection of detention facilities U.K.

(1) For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection) substitute—

“(5A) Subsections (2) to (5) shall apply—

(a) in relation to removal centres within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33),

(b) in relation to short-term holding facilities within the meaning of that section, and

(c) in relation to escort arrangements within the meaning of that section.

(5B) In their application by virtue of subsection (5A) subsections (2) to (5)—

(a) shall apply to centres, facilities and arrangements anywhere in the United Kingdom, and

(b) shall have effect—

(i) as if a reference to prisons were a reference to removal centres, short-term holding facilities and escort arrangements,

(ii) as if a reference to prisoners were a reference to detained persons and persons to whom escort arrangements apply, and

(iii) with any other necessary modifications.”

(2) In section 55 of that Act (extent)—

(a) omit subsection (4A), and

(b) after subsection (5) insert—

“(6) But (despite subsections (4) and (5)) the following shall extend to England and Wales, Scotland and Northern Ireland—

(a) section 5A(5A) and (5B), and

(b) section 5A(2) to (5) in so far as they apply by virtue of section 5A(5A).”

Commencement Information

I1 S. 46 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1