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Immigration and Asylum Act 1999

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Changes and effects

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part VIIIE+W+S+N.I. Detention Centres and Detained Persons

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Modifications etc. (not altering text)

C1Pt. VIII modified (E.W.N.I.) (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 2(6), 59(2); S.I. 2008/99, art. 2(a)

InterpretationE+W+S+N.I.

147 Interpretation of Part VIII.E+W+S+N.I.

In this Part—

  • certificate of authorisation” means a certificate issued by the Secretary of State under section 154;

  • certified prisoner custody officer” means a prisoner custody officer certified under section 89 of the M1Criminal Justice Act 1991, or section 114 of the M2Criminal Justice and Public Order Act 1994, to perform custodial duties;

  • contract monitor” means a person appointed by the Secretary of State under section 149(4);

  • contracted out [F1removal centre]” means a [F1removal centre] in relation to which a [F1removal centre] contract is in force;

  • contractor”, in relation to a [F1removal centre] which is being run in accordance with a [F1removal centre] contract, means the person who has contracted to run it;

  • custodial functions” means custodial functions at a [F1removal centre];

  • [F2detained children” means detained persons who are under the age of 18;]

  • detained persons” means persons detained or required to be detained under the 1971 Act [F3or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);]

  • detainee custody officer” means a person in respect of whom a certificate of authorisation is in force;

  • F4...

  • [F1removal centre] contract” means a contract entered into by the Secretary of State under section 149;

  • [F1removal centre] rules” means rules made by the Secretary of State under section 153;

  • directly managed [F1removal centre]” means a [F1removal centre] which is not a contracted out [F1removal centre];

  • escort arrangements” means arrangements made by the Secretary of State under section 156;

  • escort functions” means functions under escort arrangements;

  • escort monitor” means a person appointed under paragraph 1 of Schedule 13;

  • [F5pre-departure accommodation” means a place used solely for the detention of detained children and their families for a period of—

    (a)

    not more than 72 hours, or

    (b)

    not more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);]

  • prisoner custody officer”—

    (a)

    in relation to England and Wales, has the same meaning as in the M3Criminal Justice Act 1991;

    (b)

    in relation to Scotland, has the meaning given in section 114(1) of the M4Criminal Justice and Public Order Act 1994;

    (c)

    in relation to Northern Ireland, has the meaning given in section 122(1) of that Act of 1994;

  • [F6removal centre” means a place which is used solely for the detention of detained persons but which is not a short-term holding facility, [F7pre-departure accommodation,] a prison or part of a prison;]

  • short-term holding facility” means a place used[F8

    (a)

    solely for the detention of detained persons for a period of not more than seven days or for such other period as may be prescribed] [F9, or

    (b)

    for the detention of—

    (i)

    detained persons for a period of not more than seven days or for such other period as may be prescribed, and

    (ii)

    persons other than detained persons for any period.]

    [F10but which is not pre-departure accommodation.]

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Amendments (Textual)

F2Words in s. 147 inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 6(2)(a), 75(3); S.I. 2014/1820, art. 3(e)

F5Words in s. 147 inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 6(2)(b), 75(3); S.I. 2014/1820, art. 3(e)

F7Words in s. 147 inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 6(2)(c), 75(3); S.I. 2014/1820, art. 3(e)

F8Words in definition "short-term holding facility" in s. 147 renumbered as para. (a) and hyphen inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 25(a), 58(1) (with s. 36(4))

F9Words in s. 147 inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 25(b), 58(1) (with s. 36(4))

F10Words in s. 147 inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 6(2)(d), 75(3); S.I. 2014/1820, art. 3(e)

Modifications etc. (not altering text)

C2S. 147 extended (coming into force in accordance with art. 1(2) of the extending S.I.) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(2)

Marginal Citations

Detention centresE+W+S+N.I.

148 Management of [F11removal centres].E+W+S+N.I.

(1)A manager must be appointed for every [F11removal centre].

(2)In the case of a contracted out [F11removal centre], the person appointed as manager must be a detainee custody officer whose appointment is approved by the Secretary of State.

(3)The manager of a [F11removal centre] is to have such functions as are conferred on him by [F11removal centre] rules.

(4)The manager of a contracted out [F11removal centre] may not—

(a)enquire into a disciplinary charge laid against a detained person;

(b)conduct the hearing of such a charge; or

(c)make, remit or mitigate an award in respect of such a charge.

(5)The manager of a contracted out [F11removal centre] may not, except in cases of urgency, order—

(a)the removal of a detained person from association with other detained persons;

(b)the temporary confinement of a detained person in special accommodation; or

(c)the application to a detained person of any other special control or restraint (other than handcuffs).

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Amendments (Textual)

Commencement Information

I1S. 148 wholly in force at 2.4.2001; s. 148 not in force at Royal Assent; s. 148(3) in force at 1.8.2000 for certain purposes by S.I. 2000/1985, art. 2, Sch.; s. 148 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

149 Contracting out of certain [F12removal centres].E+W+S+N.I.

(1)The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any [F12removal centre] or part of a [F12removal centre].

(2)While a [F12removal centre] contract for the running of a [F12removal centre] or part of a [F12removal centre] is in force—

(a)the [F12removal centre] or part is to be run subject to and in accordance with the provisions of or made under this Part; and

(b)in the case of a part, that part and the remaining part are to be treated for the purposes of those provisions as if they were separate [F12removal centres].

(3)If the Secretary of State grants a lease or tenancy of land for the purposes of a [F12removal centre] contract, none of the following enactments applies to the lease or tenancy—

(a)Part II of the M5Landlord and Tenant Act 1954 (security of tenure);

(b)section 146 of the M6Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c)section 19(1), (2) and (3) of the M7Landlord and Tenant Act 1927 and the M8Landlord and Tenant Act 1988 (covenants not to assign etc.);

(d)the M9Agricultural Holdings Act 1986;

(e)sections 4 to 7 of the M10Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses);

(f)the M11Agricultural Holdings (Scotland) Act 1991 [F13and the Agricultural Holdings (Scotland) Act 2003 (asp 11)];

(g)section 14 of the M12Conveyancing Act 1881;

(h)the M13Conveyancing and Law of Property Act 1892;

(i)the M14Business Tenancies (Northern Ireland) Order 1996.

(4)The Secretary of State must appoint a contract monitor for every contracted out [F12removal centre].

(5)A person may be appointed as the contract monitor for more than one [F12removal centre].

(6)The contract monitor is to have—

(a)such functions as may be conferred on him by [F12removal centre] rules;

(b)the status of a Crown servant.

(7)The contract monitor must—

(a)keep under review, and report to the Secretary of State on, the running of a [F12removal centre] for which he is appointed; and

(b)investigate, and report to the Secretary of State on, any allegations made against any person performing custodial functions at that centre.

(8)The contractor, and any sub-contractor of his, must do all that he reasonably can (whether by giving directions to the officers of the [F12removal centre] or otherwise) to facilitate the exercise by the contract monitor of his functions.

(9)Lease or tenancy” includes an underlease, sublease or sub-tenancy.

(10)In relation to a [F12removal centre] contract entered into by the Secretary of State before the commencement of this section, this section is to be treated as having been in force at that time.

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Amendments (Textual)

F12Words in ss. 149, 150 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(c), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F13Words in s. 149(3)(f) inserted (S.) (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), sch. para. 52 (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)

Modifications etc. (not altering text)

Commencement Information

I2S. 149 wholly in force at 2.4.2001; S. 149 not in force at Royal Assent; s. 149(1)(3)(6)(a)(9) in force at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; s. 149 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Marginal Citations

150 Contracted out functions at directly managed [F12removal centres].E+W+S+N.I.

(1)The Secretary of State may enter into a contract with another person—

(a)for functions at, or connected with, a directly managed [F12removal centre] to be performed by detainee custody officers provided by that person; or

(b)for such functions to be performed by certified prisoner custody officers who are provided by that person.

(2)For the purposes of this section “ [F12removal centre]” includes a short-term holding facility.

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Amendments (Textual)

F12Words in ss. 149, 150 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(c), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

151 Intervention by Secretary of State.E+W+S+N.I.

(1)The Secretary of State may exercise the powers conferred by this section if it appears to him that—

(a)the manager of a contracted out [F14removal centre] has lost, or is likely to lose, effective control of the centre or of any part of it; or

(b)it is necessary to do so in the interests of preserving the safety of any person, or of preventing serious damage to any property.

(2)The Secretary of State may appoint a person (to be known as the Controller) to act as manager of the [F14removal centre] for the period—

(a)beginning with the time specified in the appointment; and

(b)ending with the time specified in the notice of termination under subsection (5).

(3)During that period—

(a)all the functions which would otherwise be exercisable by the manager or the contract monitor are to be exercisable by the Controller;

(b)the contractor and any sub-contractor of his must do all that he reasonably can to facilitate the exercise by the Controller of his functions; and

(c)the staff of the [F14removal centre] must comply with any directions given by the Controller in the exercise of his functions.

(4)The Controller is to have the status of a Crown servant.

(5)If the Secretary of State is satisfied that a Controller is no longer needed for a particular [F14removal centre], he must (by giving notice to the Controller) terminate his appointment at a time specified in the notice.

(6)As soon as practicable after making an appointment under this section, the Secretary of State must give notice of the appointment to those entitled to notice.

(7)As soon as practicable after terminating an appointment under this section, the Secretary of State must give a copy of the notice of termination to those entitled to notice.

(8)Those entitled to notice are the contractor, the manager, the contract monitor and the Controller.

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Amendments (Textual)

152 Visiting Committees and inspections.E+W+S+N.I.

(1)The Secretary of State must appoint a committee (to be known as the Visiting Committee) for each [F15removal centre].

(2)The functions of the Visiting Committee for a [F15removal centre] are to be such as may be prescribed by the [F15removal centre] rules.

(3)Those rules must include provision—

(a)as to the making of visits to the centre by members of the Visiting Committee;

(b)for the hearing of complaints made by persons detained in the centre;

(c)requiring the making of reports by the Visiting Committee to the Secretary of State.

(4)Every member of the Visiting Committee for a [F15removal centre] may at any time enter the centre and have free access to every part of it and to every person detained there.

(5)In section 5A of the M15Prison Act 1952 (which deals with the appointment and functions of Her Majesty’s Chief Inspector of Prisons), after subsection (5), insert—

(5A)Subsections (2) to (5) apply to [F15removal centres] (as defined by section 147 of the Immigration and Asylum Act 1999 and including any in Scotland) and persons detained in such [F15removal centres] as they apply to prisons and prisoners.

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Amendments (Textual)

Commencement Information

I3S. 152 wholly in force at 2.4.2001; s. 152 not in force at Royal Assent; s.152(2)(3) in force at 1.8.2000 for certain purposes by S.I. 2000/1985, art. 2, Sch.; s. 152 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Marginal Citations

153 [F16Removal centre] rules.E+W+S+N.I.

(1)The Secretary of State must make rules for the regulation and management of [F16removal centres].

(2)[F16Removal centre] rules may, among other things, make provision with respect to the safety, care, activities, discipline and control of detained persons.

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Amendments (Textual)

Commencement Information

I4S. 153 wholly in force at 2.4.2001; S. 153 not in force at Royal Assent; s. 153 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; S. 153 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

[F17153ADetained persons: national minimum wageE+W+S+N.I.

A detained person does not qualify for the national minimum wage in respect of work which he does in pursuance of removal centre rules.]

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Amendments (Textual)

Custody and movement of detained personsE+W+S+N.I.

154 Detainee custody officers.E+W+S+N.I.

(1)On an application made to him under this section, the Secretary of State may certify that the applicant—

(a)is authorised to perform escort functions; or

(b)is authorised to perform both escort functions and custodial functions.

(2)The Secretary of State may not issue a certificate of authorisation unless he is satisfied that the applicant—

(a)is a fit and proper person to perform the functions to be authorised; and

(b)has received training to such standard as the Secretary of State considers appropriate for the performance of those functions.

(3)A certificate of authorisation continues in force until such date, or the occurrence of such event, as may be specified in the certificate but may be suspended or revoked under paragraph 7 of Schedule 11.

(4)A certificate which authorises the performance of both escort functions and custodial functions may specify one date or event for one of those functions and a different date or event for the other.

[F18(5)The Secretary of State may confer functions of detainee custody officers on prison officers or prisoner custody officers.]

(6)A prison officer acting under arrangements made under subsection (5) has all the powers, authority, protection and privileges of a constable.

(7)Schedule 11 makes further provision about detainee custody officers.

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Amendments (Textual)

Commencement Information

I5S. 154 wholly in force at 2.4.2001; s. 154 not in force at Royal Assent; s. 154(1)-(6) fully in force and s. 154(7) in force for certain purposes at 3.4.2000 and s. 154(7) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; s. 154 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

155 Custodial functions and discipline etc. at [F19removal centres] .E+W+S+N.I.

(1)Custodial functions may be discharged at a [F19removal centre] only by—

(a)a detainee custody officer authorised, in accordance with section 154(1), to perform such functions; or

(b)a prison officer, or a certified prisoner custody officer, exercising functions in relation to the [F19removal centre]

(i)in accordance with arrangements made under section 154(5); or

(ii)as a result of a contract entered into under section 150(1)(b).

(2)Schedule 12 makes provision with respect to discipline and other matters at [F19removal centres] and short-term holding facilities [F20and in pre-departure accommodation] .

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Amendments (Textual)

F20Words in s. 155(2) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 6(3), 75(3); S.I. 2014/1820, art. 3(e)

Commencement Information

I6S. 155 wholly in force at 2.4.2001; s. 155 not in force at Royal Assent; S. 155(2) in force at 1.8.2000 for certain purposes by S.I. 2000/1985, art. 2, Sch.; s. 155 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

156 Arrangements for the provision of escorts and custody.E+W+S+N.I.

(1)The Secretary of State may make arrangements for—

(a)the delivery of detained persons to premises in which they may lawfully be detained;

(b)the delivery of persons from any such premises for the purposes of their removal from the United Kingdom in accordance with directions given under the 1971 Act or this Act;

(c)the custody of detained persons who are temporarily outside such premises;

(d)the custody of detained persons held on the premises of any court.

(2)Escort arrangements may provide for functions under the arrangements to be performed, in such cases as may be determined by or under the arrangements, by detainee custody officers.

(3)Court” includes—

[F21(a)the First-tier Tribunal;

(b)the Upper Tribunal; and]

(c)the Commission.

(4)Escort arrangements may include entering into contracts with other persons for the provision by them of—

(a)detainee custody officers; or

(b)prisoner custody officers who are certified under section 89 of the Criminal Justice Act 1991, or section 114 or 122 of the M16Criminal Justice and Public Order Act 1994, to perform escort functions.

(5)Schedule 13 makes further provision about escort arrangements.

(6)A person responsible for performing a function of a kind mentioned in subsection (1), in accordance with a transfer direction, complies with the direction if he does all that he reasonably can to secure that the function is performed by a person acting in accordance with escort arrangements.

(7)Transfer direction” means

[F22(a)]a transfer direction given under—

[F23(i)]section 48 of the M17Mental Health Act 1983 F24... (removal to hospital of, among others, persons detained under the 1971 Act); or

[F23(ii)]in Northern Ireland, article 54 of the M18Mental Health (Northern Ireland) Order 1986 (provision corresponding to section 48 of the 1983 Act). [F25or

(b)a transfer for treatment direction given under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 as applied by article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005.]

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Amendments (Textual)

Commencement Information

I7S. 156 wholly in force at 2.4.2001; s. 156 not in force at Royal Assent; s. 156(5) in force at 1.8.2000 for certain purposes by S.I. 2000/1985, art. 2, Sch.; s. 156 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Marginal Citations

157 Short-term holding facilities.E+W+S+N.I.

(1)The Secretary of State may by regulations extend any provision made by or under this Part in relation to [F26removal centres] (other than one mentioned in subsection (2)) to short-term holding facilities.

(2)Subsection (1) does not apply to section 150.

(3)The Secretary of State may make rules for the regulation and management of short-term holding facilities.

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Amendments (Textual)

Commencement Information

I8S. 157 wholly in force at 2.4.2001; s. 157 not in force at Royal assent, see s. 170(4); s. 157 in force at 1.8.2000 for certain purposes by S.I. 2000/1985, art. 2, Sch.; s. 157 in force so far as not already in force 2.4.2001 by S.I. 2001/239, art. 2, Sch.

[F27157APre-departure accommodationE+W+S+N.I.

(1)The following provisions of this Part apply to pre-departure accommodation as they apply to removal centres—

(a)section 149 (contracting out of certain removal centres);

(b)section 150 (contracting out functions at directly managed removal centres);

(c)section 151 (intervention by Secretary of State).

(2)In the application of those provisions to pre-departure accommodation—

(a)references to a removal centre contract are to be read as a contract made under section 149(1) for the provision or running of pre-departure accommodation;

(b)references to a contracted out removal centre are to be read as references to pre-departure accommodation in relation to which a contract under section 149(1) is in force;

(c)references to a directly managed removal centre are to be read as references to pre-departure accommodation in relation to which there is no contract under section 149(1) in force;

(d)references to removal centre rules are to be read as references to rules made under subsection (4).

(3)The Secretary of State may by regulations extend to pre-departure accommodation any other provision made by or under this Part in relation to removal centres.

(4)The Secretary of State may make rules for the regulation and management of pre-departure accommodation.]

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Amendments (Textual)

MiscellaneousE+W+S+N.I.

158 Wrongful disclosure of information.E+W+S+N.I.

(1)A person who is or has been employed (whether as a detainee custody officer, prisoner custody officer or otherwise)—

(a)in accordance with escort arrangements,

(b)at a contracted out [F28removal centre], or

(c)to perform contracted out functions at a directly managed [F28removal centre],

is guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular detained person.

(2)A person guilty of such an offence is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(3)Contracted out functions” means functions which, as the result of a contract entered into under section 150, fall to be performed by detainee custody officers or certified prisoner custody officers.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

159 Power of constable to act outside his jurisdiction.E+W+S+N.I.

(1)For the purpose of taking a person to or from a [F29removal centre] under the order of any authority competent to give the order, a constable may act outside the area of his jurisdiction.

(2)When acting under this section, the constable concerned retains all the powers, authority, protection and privileges of his office.

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Amendments (Textual)

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