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Changes over time for: Paragraph 18B
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 20/07/2023.
Changes to legislation:
Immigration Act 1971, Paragraph 18B is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[18B(1)Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—U.K.
(a)the child is being transferred to or from a short-term holding facility, or
(b)sub-paragraph (3) of paragraph 18 applies.
(2)An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.
(3)The first condition is that—
(a)directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or
(b)a decision on whether or not to give directions is likely to result in such directions.
(4)The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.
(5)An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.
(6)An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.
(7)In this paragraph—
“relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility;
“short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;
“unaccompanied child” means a person—
(a)
who is under the age of 18, and
(b)
who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.]
Textual Amendments
Modifications etc. (not altering text)
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