SCHEDULES

F1SCHEDULE 1

Annotations:
Amendments (Textual)
F1

Sch. 1 repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)-(4)); Sch. 1 further amended: (6.3.1992) by 1992 c. 14, s. 101(1) (with s. 118(1)(2)(4)); (1.4.1992) by S.I. 1992/494, art. 2(a)(b); (1.7.1992) by 1992 c. 6, s. 4, Sch. 2 para. 98.

Persons in detention

1

1

A person is an exempt individual on a particular day if at any time on the day—

a

he is detained in a prison, a hospital or any other place by virtue of an order of a court to which sub-paragraph (2) below applies,

b

he is detained under paragraph 2 of Schedule 3 to the M1Immigration Act 1971 (deportation),

c

he is detained under section 136 of the M2Mental Health Act 1983 (detention in place of safety), or

d

he is detained under a warrant issued under the M3Repatriation of Prisoners Act 1984.

2

This sub-paragraph applies to the following courts—

a

a court in the United Kingdom, and

b

a Standing Civilian Court established under the M4Armed Forces Act 1976.

3

If a person is temporarily discharged under section 28 of the M5Prison Act 1952, or temporarily released under rules under section 47(5) of that Act, for the purposes of sub-paragraph (1) above he shall be treated as detained.

4

Sub-paragraph (1) above does not apply where the person is detained under regulations made under paragraph 8 of Schedule 4 below.

5

Sub-paragraph (1) above does not apply where the person is detained under section 76 of the M6Magistrates’ Courts Act 1980, or section 9 of the M7Criminal Justice Act 1982, for default in payment of a fine.

6

In sub-paragraph (1) above “order” includes a sentence, direction, warrant or other means of giving effect to the decision of the court concerned.

7

The Secretary of State may by order provide that a person is an exempt individual on a particular day if—

a

at any time on the day he is imprisoned, detained or in custody under the M8Army Act 1955, the M9Air Force Act 1955 or the Naval Discipline Act M101957, and

b

such conditions as may be prescribed are fulfilled.