C1Part VIII Detention Centres and Detained Persons
Detention centres
C2151 Intervention by Secretary of State.
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 F1removal 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 F1removal 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 F1removal 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 F1removal 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.
Pt. 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)