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Immigration Act 2014

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This is the original version (as it was originally enacted).

6Pre-departure accommodation for families

This section has no associated Explanatory Notes

(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.

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