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Local Government Finance Act 1988

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This is the original version (as it was originally enacted).

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 [1971 c. 77.] Immigration Act 1971 (deportation),

(c)he is detained under section 136 of the [1983 c. 20.] Mental Health Act 1983 (detention in place of safety), or

(d)he is detained under a warrant issued under the [1984 c. 47.] Repatriation 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 [1976 c. 52.] Armed Forces Act 1976.

(3)If a person is temporarily discharged under section 28 of the [1952 c. 52.] Prison 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 [1980 c. 43.] Magistrates' Courts Act 1980, or section 9 of the [1982 c. 48.] Criminal 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 [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the Naval Discipline Act [1957 c. 53.] 1957, and

(b)such conditions as may be prescribed are fulfilled.

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