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(1)The Board shall make, and keep under review, arrangements for designated places of detention to be visited by persons appointed under the arrangements (“lay visitors”).
(2)The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.
(3)The report shall deal with—
(a)the conditions under which persons are held in the designated place of detention concerned and with their welfare and treatment;
(b)the adequacy of facilities at that place of detention;
(c)such other matters as may be specified in an order made by the Secretary of State.
(4)The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to—
(a)require access to be given to each designated place of detention;
(b)examine records relating to the holding of persons there;
(c)interview persons who are being held there;
(d)inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.
(5)A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.
(6)Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.
(7)The arrangements shall provide that a person may not be appointed as a lay visitor if—
(a)he is a member of the Board; or
(b)he is, or has been, a police officer.
(8)The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.
(9)“Designated place of detention” means a police station for the time being designated under Article 36 of the Police and Criminal Evidence (Northern Ireland) Order 1989, except so much of the station as is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the [2000 c. 11.] Terrorism Act 2000.
(10)The Secretary of State may by order specify as designated places of detention for the purposes of this section—
(a)a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000,
(b)any other place which is designated under any enactment as a place in which persons may be detained.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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