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Immigration and Asylum Act 1999

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149 Contracting out of certain [F1removal centres].E+W+S+N.I.

This section has no associated Explanatory Notes

(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 [F1removal centre] or part of a [F1removal centre].

(2)While a [F1removal centre] contract for the running of a [F1removal centre] or part of a [F1removal centre] is in force—

(a)the [F1removal 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 [F1removal centres].

(3)If the Secretary of State grants a lease or tenancy of land for the purposes of a [F1removal centre] contract, none of the following enactments applies to the lease or tenancy—

(a)Part II of the M1Landlord and Tenant Act 1954 (security of tenure);

(b)section 146 of the M2Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c)section 19(1), (2) and (3) of the M3Landlord and Tenant Act 1927 and the M4Landlord and Tenant Act 1988 (covenants not to assign etc.);

(d)the M5Agricultural Holdings Act 1986;

(e)sections 4 to 7 of the M6Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses);

(f)the M7Agricultural Holdings (Scotland) Act 1991 [F2and the Agricultural Holdings (Scotland) Act 2003 (asp 11)];

(g)section 14 of the M8Conveyancing Act 1881;

(h)the M9Conveyancing and Law of Property Act 1892;

(i)the M10Business Tenancies (Northern Ireland) Order 1996.

(4)The Secretary of State must appoint a contract monitor for every contracted out [F1removal centre].

(5)A person may be appointed as the contract monitor for more than one [F1removal centre].

(6)The contract monitor is to have—

(a)such functions as may be conferred on him by [F1removal 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 [F1removal 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 [F1removal 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 [F1removal 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)

F1Words 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.

F2Words 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

I1S. 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.

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