Local Government Finance Act 1992

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 of a court to which sub-paragraph (2) below applies;

(b) he is detained under paragraph 2 of Schedule 3 to the [1971 c. 77.] Immigration Act 1971 (deportation);

(c) he is detained under Part II or section 46, 47, 48 or 136 of the [1983 c. 20.] Mental Health Act 1983; or

(d) he is detained under Part V or section 69, 70, 71 or 118 of the [1984 c. 36.] Mental Health (Scotland) Act 1984.

(2) This sub-paragraph applies to the following courts—

(a) a court in the United Kingdom; and

(b) a Standing Civilian Court established under the [1976 c. 52.] Armed Forces Act 1976.

(3) If a person—

(a) is temporarily discharged under section 28 of the [1952 c. 52.] Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; or

(b) is temporarily discharged under section 27 of the [1989 c. 45.] Prisons (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) is detained under section 76 of the [1980 c. 43.] Magistrates' Courts Act 1980, or section 9 of the [1982 c. 48.] Criminal Justice Act 1982, for default in payment of a fine; or

(c) is detained only under section 407 of the [1975 c. 21.] Criminal 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 imprisoned, detained or in custody under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957; and

(b) such conditions as may be prescribed by the order are fulfilled.