PART 1

Removal and other powers

Detention and bail

Pre-departure accommodation for families
6
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—
  1. not more than 72 hours, or
  2. 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—

Pre-departure accommodation
157A
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.