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The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018

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Statutory Instruments

2018 No. 410

Immigration

The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018

Made

22nd March 2018

Laid before Parliament

27th March 2018

Coming into force

2nd July 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 59(5) and (6) of the Immigration Act 2016(1).

In accordance with section 59(4) of that Act, a draft of the guidance to be brought into force in accordance with these Regulations has been laid before Parliament.

Citation and commencement

1.  These Regulations may be cited as the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 and come into force on 2nd July 2018.

Guidance

2.  The guidance entitled “Immigration Act 2016: Revised Guidance on adults at risk in immigration detention”, a draft of which was laid before Parliament on 21st March 2018 by the Secretary of State under section 59(4) of the Immigration Act 2016, comes into force on 2nd July 2018.

Caroline Nokes

Minister of State

Home Office

22nd March 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force revised guidance specifying matters to be taken into account in determining whether a person would be particularly vulnerable to harm if that person were to be detained or to remain in detention and, if so, whether that person should be detained or remain in detention.

The revised guidance replaces the guidance entitled “Immigration Act 2016: Guidance on adults at risk in immigration detention” which was brought into force on 12th September 2016 by the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2016.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

The revised guidance on adults at risk in immigration detention will be published by the Stationary Office and copies may be obtained from the Stationary Office bookshops or online shop. The guidance will also be available on the adults at risk in immigration detention pages of the gov.uk website.

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