SCHEDULES
SCHEDULE 1 Persons Disregarded for Purposes of Discount
Persons in detention
1
1
A person shall be disregarded for the purposes of discount on a particular day if 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 Part II or section 46, 47, 48 or 136 of the M2Mental Health Act 1983; or
d
he is detained under Part V or section 69, 70, 71 or 118 of the M3Mental Health (Scotland) 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—
a
is temporarily discharged under section 28 of the M5Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; or
b
is temporarily discharged under section 27 of the M6Prisons (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
c
is detained only under section 407 of the M9Criminal 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
b
such conditions as may be prescribed by the order are fulfilled.