PART 1Removal and other powers

Detention and bail

I16Pre-departure accommodation for families

1

Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons) is amended as follows.

2

In section 147 (interpretation)—

a

after the definition of “custodial functions” insert—

“detained children” means detained persons who are under the age of 18;

b

after the definition of “escort monitor” insert—

“pre-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);

c

in the definition of “removal centre”, after “facility,” insert “ pre-departure accommodation, ”;

d

in the definition of “short-term holding facility”, at the end insert—

but which is not pre-departure accommodation.

3

In section 155 (custodial functions and discipline), in subsection (2), at the end insert “ and in pre-departure accommodation ”.

4

After section 157 insert—

157APre-departure accommodation

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.