SCHEDULES
SCHEDULE 1 Persons Disregarded for Purposes of Discount
Persons in detention
1
1
A person shall be disregarded for the purposes of discount on a particular day if on the day—
a
he is detained in a prison, a hospital or any other place by virtue of an order F3or award to which sub-paragraph (2) below applies;
b
he is detained under paragraph 2 of Schedule 3 to the M1Immigration Act 1971 (deportation);
c
he is detained under Part II or section 46, 47, 48 or 136 of the M2Mental Health Act 1983; or
d
he is detained under F1Parts 5, 6 and 7 or sections 136 or 297 of the Mental Health (Care and Treatment)(Scotland) Act 2003 or sections 52D or 52M or the Criminal Procedure (Scotland) Act 1995;
F42
This sub-paragraph applies to—
a
an order of a court in the United Kingdom;
b
an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006.
3
If a person—
a
F5aa
is temporarily released under rules under section 300 of the Armed Forces Act 2006; or
b
is temporarily discharged under section 27 of the M4Prisons (Scotland) Act 1989, or temporarily released under rules under section 39(6) of that Act,
for the purposes of sub-paragraph (1) above he shall be treated as detained.
4
Sub-paragraph (1) above does not apply where the person—
a
is detained under regulations made under paragraph 8 of Schedule 4 to this Act;
b
c
is detained only under section 407 of the M6Criminal Procedure (Scotland) Act 1975.
5
In sub-paragraph (1) above “order” includes a sentence, direction, warrant or other means of giving effect to the decision of the court concerned.
6
The Secretary of State may by order provide that a person shall be disregarded for the purposes of discount on a particular day if—
a
on the day he is F7in service custody; and
b
such conditions as may be prescribed by the order are fulfilled.