The Short-term Holding Facility Rules 2018

Places of detention U.K.

4.—(1) These Rules do not apply to the facilities listed in paragraph (2) or to a detained person who is detained in such a facility.

(2) The facilities are—

(a) a police station;

(b) a hospital;

(c) a young offender institution;

(d) a prison or remand centre;

(e) in the case of a person under 18, a place of safety, and

(f) any premises at which appeals or reviews under Part 5 of the Nationality, Immigration and Asylum Act 2002 M1 or under the Special Immigration Appeals Commission Act 1997 M2 are heard or any place provided specifically for the purpose of detention in such premises.

(3) For the purposes of paragraph (2) “place of safety”—

(a) in England and Wales, has the same meaning as in the Children and Young Persons Act 1933 M3 ;

(b) in Scotland, has the same meaning as in the Children's Hearings (Scotland) Act 2011 M4 ;

(c) in Northern Ireland, means a home provided under Part 7 of the Children (Northern Ireland) Order 1995 M5 , any police station, any hospital or surgery, or any other suitable place, the occupier of which is willing temporarily to receive a person under the age of 18.

Marginal Citations

M1 Part 5 was amended by sections 26 to 31 and 33 of, and Schedules 2 and 4 to, the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), sections 1 to 7 and 11 to 14 of, and Schedules 1 and 3 to, the Immigration, Asylum and Nationality Act 2006 (c. 13), sections 19 and 54 of, and the Schedule to, the UK Borders Act 2007 (c. 30), paragraph 54 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), Part 2 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), sections 51 to 54 of the Crime and Courts Act 2013 (c. 22), sections 15 and 17 of, and Part 4 of Schedule 9 to, the Immigration Act 2014 (c. 22), section 63 of the Immigration Act 2016 (c. 19), and by S.I. 2010/21 and 2011/1043.

M2 1997 c. 68; amended by Schedule 14 to the Immigration and Asylum Act 1999 (c. 33), section 35 of the Anti-terrorism, Crime and Security Act 2001 (c. 24), section 4 of and Schedules 7 and 9 to the Nationality, Immigration and Asylum Act 2002, Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, Schedule 17 to the Constitutional Reform Act 2005 (c. 4), section 16 of the Prevention of Terrorism Act 2005 (c. 2), Schedule 1 to the Immigration, Asylum and Nationality Act 2006, section 91 of the Counter-Terrorism Act 2008 (c. 28), section 15 of and Schedule 2 to the Justice and Security Act 2013 (c. 19), paragraph 26 of Schedule 9 to the Immigration Act 2014, section 66 of the Criminal Justice and Courts Act 2015 (c. 2) and section 64 of and Schedule 10 to the Immigration Act 2016.

M3 “Place of safety” is defined in section 107(1) of that Act (1933 c. 12); the definition was amended by paragraph 12(2) of Schedule 5 to the Children and Young Persons Act 1969 (c. 54).

M4 2011 asp 1.

M5 S.I. 1995/755 (N.I.2).