Local Government Finance Act 1992

Persons in detention E+W+S

1 (1) A person shall be disregarded for the purposes of discount on a particular day if on the day— E+W+S

(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 M1 Immigration Act 1971 (deportation);

(c) he is detained under Part II or section 46, 47, 48 or 136 of the M2 Mental Health Act 1983; or

(d) he is detained under [F1 Parts 5, 6 and 7 or sections 136 or 297 of the Mental Health (Care and Treatment)(Scotland) Act 2003 or sections 52D or 52M or the Criminal Procedure (Scotland) Act 1995;]

(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 M3 Armed Forces Act 1976.

(3) If a person—

(a) is temporarily discharged under section 28 of the M4 Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; or

(b) is temporarily discharged under section 27 of the M5 Prisons (Scotland) Act 1989, or temporarily released under rules under section 39(6) 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—

(a) is detained under regulations made under paragraph 8 of Schedule 4 to this Act;

(b) is detained under section 76 of the M6 Magistrates’ Courts Act 1980, or [F2 section 108 of the Powers of Criminal Courts (Sentencing) Act 2000], for default in payment of a fine; or

(c) is detained only under section 407 of the M7 Criminal Procedure (Scotland) Act 1975.

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

(6) The Secretary of State may by order provide that a person shall be disregarded for the purposes of discount on a particular day if—

(a) on the day he is imprisoned, detained or in custody under the M8 Army Act 1955, the M9 Air Force Act 1955 or the M10 Naval Discipline Act 1957; and

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

Annotations:

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Amendments (Textual)

F1 Words in Sch. 1 para. 1(1)(d) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Sch. 1 para. 22(2)(a)

F2 Words in Sch. 1 para. 1(4)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 152

Marginal Citations

M1 1971 c. 77.

M2 1983 c. 20.

M3 1976 c. 52.

M4 1952 c. 52.

M5 1989 c. 45.

M6 1980 c. 43.

M7 1975 c. 21.

M8 1955 c. 18.

M9 1955 c. 19.

M10 1957 c. 53.