149 Contracting out of certain [removal centres].U.K.
This section has no associated Explanatory Notes
(1)The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any [removal centre] or part of a [removal centre].
(2)While a [removal centre] contract for the running of a [removal centre] or part of a [removal centre] is in force—
(a)the [removal centre] or part is to be run subject to and in accordance with the provisions of or made under this Part; and
(b)in the case of a part, that part and the remaining part are to be treated for the purposes of those provisions as if they were separate [removal centres].
(3)If the Secretary of State grants a lease or tenancy of land for the purposes of a [removal centre] contract, none of the following enactments applies to the lease or tenancy—
(a)Part II of the Landlord and Tenant Act 1954 (security of tenure);
(b)section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);
(c)section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.);
(d)the Agricultural Holdings Act 1986;
(e)sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses);
(f)the Agricultural Holdings (Scotland) Act 1991 [and the Agricultural Holdings (Scotland) Act 2003 (asp 11)];
(g)section 14 of the Conveyancing Act 1881;
(h)the Conveyancing and Law of Property Act 1892;
(i)the Business Tenancies (Northern Ireland) Order 1996.
(4)The Secretary of State must appoint a contract monitor for every contracted out [removal centre].
(5)A person may be appointed as the contract monitor for more than one [removal centre].
(6)The contract monitor is to have—
(a)such functions as may be conferred on him by [removal centre] rules;
(b)the status of a Crown servant.
(7)The contract monitor must—
(a)keep under review, and report to the Secretary of State on, the running of a [removal centre] for which he is appointed; and
(b)investigate, and report to the Secretary of State on, any allegations made against any person performing custodial functions at that centre.
(8)The contractor, and any sub-contractor of his, must do all that he reasonably can (whether by giving directions to the officers of the [removal centre] or otherwise) to facilitate the exercise by the contract monitor of his functions.
(9)“Lease or tenancy” includes an underlease, sublease or sub-tenancy.
(10)In relation to a [removal centre] contract entered into by the Secretary of State before the commencement of this section, this section is to be treated as having been in force at that time.
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