Search Legislation

Immigration and Asylum Act 1999

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Immigration and Asylum Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

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

Commencement Orders yet to be applied to the Immigration and Asylum Act 1999

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Section 155(2).

SCHEDULE 12E+W+S+N.I. Discipline etc at Detention Centres

This schedulenoteType=Explanatory Notes has no associated

Measuring and photographing detained personsE+W+S+N.I.

1(1)Detention centre rules may (among other things) provide for detained persons to be measured and photographed.E+W+S+N.I.

(2)The rules may, in particular, prescribe—

(a)the time or times at which detained persons are to be measured and photographed;

(b)the manner and dress in which they are to be measured and photographed; and

(c)the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent.

Annotations: Help about Annotation
Close

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.

Commencement Information

I1Sch. 12 para. 1 wholly in force at 2.4.2001; Sch. 12 para. 1 not in force at Royal Assent; Sch. 12 para. 1 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 12 para. 1 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Testing for drugs or alcoholE+W+S+N.I.

2(1)If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with detention centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining—E+W+S+N.I.

(a)whether he has a drug in his body; or

(b)whether he has alcohol in his body.

(2)The sample required may be one or more of the following—

(a)a sample of urine;

(b)a sample of breath;

(c)a sample of a specified description.

(3)Sub-paragraph (2)(c)—

(a)applies only if the authorisation so provides; and

(b)does not authorise the taking of an intimate sample.

(4)Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular detention centre.

(5)Drug” means a drug which is a controlled drug for the purposes of the M1Misuse of Drugs Act 1971.

(6)Specified” means specified in the authorisation.

(7)“Intimate sample”—

(a)in relation to England and Wales, has the same meaning as in Part V of the M2Police and Criminal Evidence Act 1984;

(b)in relation to Scotland, means—

(i)a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(ii)a dental impression;

(iii)a swab taken from a person’s body orifice other than the mouth; and

(c)in relation to Northern Ireland, has the same meaning as in Part VI of the M3Police and Criminal Evidence (Northern Ireland) Order 1989.

Annotations: Help about Annotation
Close

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.

Commencement Information

I2Sch. 12 para. 2 wholly in force at 2.4.2001; Sch. 12 para. 2 not in force at Royal Assent; Sch. 12 para. 2 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch; Sch. 12 para. 2 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Marginal Citations

Medical examinationsE+W+S+N.I.

3(1)This paragraph applies if—E+W+S+N.I.

(a)an authorisation is in force for a detention centre; and

(b)there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7).

(2)A detainee custody officer may require the detained person to submit to a medical examination at the centre.

(3)The medical examination must be conducted in accordance with detention centre rules.

(4)A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.

(5)A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.

(6)Authorisation” means an authorisation given by the manager of the detention centre for the purpose of this paragraph.

(7)The Secretary of State may by order specify any disease which he considers might, if a person detained in a detention centre were to suffer from it, endanger the health of others there.

Annotations: Help about Annotation
Close

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.

Commencement Information

I3Sch. 12 para. 3 wholly in force at 2.4.2001; Sch. 12 para. 3 not in force at Royal Assent; Sch. 12 para. 3(7) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 12 para. 3 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Assisting detained persons to escapeE+W+S+N.I.

4(1)A person who aids any detained person in escaping or attempting to escape from a detention centre or short-term holding facility is guilty of an offence.E+W+S+N.I.

(2)A person who, with intent to facilitate the escape of any detained person from a detention centre or short-term holding facility—

(a)conveys any thing into the centre or facility or to a detained person,

(b)sends any thing (by post or otherwise) into the centre or facility or to a person detained there,

(c)places any thing anywhere outside the centre or facility with a view to its coming into the possession of a person detained there,

is guilty of an offence.

(3)A person guilty of an offence under this section is liable—

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

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

AlcoholE+W+S+N.I.

5(1)A person who, contrary to detention centre rules, brings or attempts to bring any alcohol into a detention centre, or to a detained person, is guilty of an offence.E+W+S+N.I.

(2)A person who places alcohol anywhere outside a detention centre, intending that it should come into the possession of a detained person there, is guilty of an offence.

(3)A detainee custody officer or any other person on the staff of a detention centre who, contrary to detention centre rules, allows alcohol to be sold or used in the centre is guilty of an offence.

(4)A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.

(5)Alcohol” means any spirituous or fermented liquor.

Introduction of other articlesE+W+S+N.I.

6(1)A person who—E+W+S+N.I.

(a)conveys or attempts to convey any thing into or out of a detention centre or to a detained person, contrary to detention centre rules, and

(b)is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(2)A person who—

(a)places any thing anywhere outside a detention centre, intending it to come into the possession of a detained person, and

(b)is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Notice of penaltiesE+W+S+N.I.

7(1)In the case of a contracted out detention centre, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place.E+W+S+N.I.

(2)In the case of any other detention centre, the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.

8(1)In the case of a contracted out short-term holding facility, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility in a conspicuous place.E+W+S+N.I.

(2)In the case of any other short-term holding facility, the Secretary of State must cause such a notice to be fixed outside the facility in a conspicuous place.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources