The Short-term Holding Facility Rules 2018

PART 2 U.K. APPLICATION

Application of these Rules U.K.

[F1 3.   Subject to rules 4 (places of detention), 5 (directly managed short-term holding facilities), 6(4) to (8) (holding rooms) and 6A(4) to (12) (residential holding rooms) these Rules apply to a short-term holding facility and to a detained person in a short-term holding facility.]

Textual Amendments

F1 Rule 3 substituted (5.1.2023) by The Short-term Holding Facility (Amendment) Rules 2022 (S.I. 2022/1345), rules 1(1), 2(3)

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).

Directly managed short-term holding facilities U.K.

5.—(1) These Rules apply to directly managed short-term holding facilities except for rule 41 (staff employed by the contractor) and subject to the modifications set out in paragraphs (2) to (6).

(2) Rule 9(11) (detained person's property) applies as if for “joint authority of the manager and the contract monitor” there were substituted “ authority of the manager ”.

(3) Rule 17(3) (food) applies as if—

(a) for “The contract monitor” there were substituted “ The manager ”, and

(b) after “and drink” there were omitted “and must report any deficiency or defect to the manager”.

(4) Rule 34 (requests and complaints) applies as if paragraph (4) were omitted.

(5) Rule 35 (removal from association) applies as if—

(a) in paragraph (1) for “The Secretary of State” there were substituted “ The manager ”, and

(b) paragraph (2) were omitted.

(6) Rule 37 (temporary confinement) applies as if—

(a) in paragraph (1) for “The Secretary of State” there were substituted “ The manager ”, and

(b) paragraph (2) were omitted.

Holding rooms U.K.

6.—(1) Subject to paragraph (2) [F2 and without prejudice to rule 6A], a detained person must not be detained in a holding room for a period of more than 24 hours.

(2) The Secretary of State may authorise this period to be extended if the Secretary of State determines that exceptional circumstances require it.

(3) These Rules apply to a holding room and to a detained person detained in a holding room except for those provisions listed in paragraph (4) and subject to the modifications in paragraphs (5) to (8).

(4) The provisions are—

(a) rule 13 (accommodation);

(b) rule 14 (sleeping accommodation);

(c) rule 15(1) and (2) (families and minors);

(d) rule 16 (clothing);

(e) rule 18(1)(b) and (c) (hygiene);

(f) rule 24 (correspondence);

(g) rule 25 (visits);

(h) rule 29 (access to the internet);

(i) rule 30 (medical screening);

(j) rule 32 (special illnesses and conditions);

(k) rule 35 (removal from association);

(l) rule 37 (temporary confinement);

(m) rule 48 (visitors).

(5) Rule 20(2) (time in open air) applies as if it provided —

“(2) Time in the open air may be refused—

(a) in exceptional circumstances where necessary in the interests of the security of the short-term holding facility or the safety of the detained person or other persons, or

(b) where the location or design of the short-term holding facility means that it is not reasonably practicable for detained persons to spend time in the open air.”.

(6) Rule 23 (outside contacts) applies as if it provided—

“23.— (1) Subject to paragraph (2), a detained person may enjoy communications with a person outside a short-term holding facility in accordance with rule 28 (use of telephones).

(2) A detained person is not permitted to have communications with a person outside the short-term holding facility to the extent to which the communication would prejudice the interests of the security of the short-term holding facility or the safety of the detained person or other persons.”.

(7) Rule 27 (legal adviser) applies as if—

(a) in paragraph (1) for “paragraph (2)” there were substituted “ paragraphs (2) and (3) ”, and

(b) at the end there were inserted—

“(3) A detained person is not permitted to meet with their legal adviser if the person is detained within an area of a port which non-travelling members of the public are not permitted to enter (but they may consult with their legal adviser by telephone).”.

(8) Rule 31 (general medical care) applies as if it provided—

“31.   If a detained person becomes—

(a) ill, or

(b) sustains an injury, such that the detained person requires attention by a health care professional, prompt access to a health care professional must be provided and any arrangements made for supervision, care or transfer to hospital that appear necessary to the manager.”.

Textual Amendments

F2 Words in rule 6(1) inserted (5.1.2023) by The Short-term Holding Facility (Amendment) Rules 2022 (S.I. 2022/1345), rules 1(1), 2(4)

6A.    [F3 Residential holding rooms U.K.

(1) Subject to paragraph (2), a detained person must not be detained in a residential holding room for a period of more than 96 hours.

(2) The Secretary of State may authorise this period to be extended if the Secretary of State determines that exceptional circumstances require it.

(3) These Rules apply to a residential holding room and to a detained person detained in a residential holding room except for those provisions listed in paragraph (4) and subject to the modifications in paragraphs (5) to (12).

(4) The provisions are—

(a) rule 24 (correspondence);

(b) rule 29 (access to the internet);

(c) rule 35 (removal from association);

(d) rule 37 (temporary confinement);

(e) rule 48 (visitors).

(5) Rule 13 (accommodation) applies as if it provided—

13.    “Accommodation

(1) The Secretary of State must be satisfied that sufficient accommodation is provided for the detained persons in every short-term holding facility.

(2) No room is to be used as sleeping accommodation for a detained person unless the Secretary of State has certified that its size, lighting, heating, ventilation and fittings are adequate for health.”.

(6) Rule 14 (sleeping accommodation) applies as if it provided—

14.    “Sleeping accommodation

Subject to rule 15 (families and minors), a detained person must be provided with separate sleeping accommodation from detained persons of the opposite sex, where possible.”.

(7) Rule 15 (families and minors) applies as if it provided—

15.    “Families and minors

(1) Where members of the same family are detained in a short-term holding facility they are entitled to enjoy family life at the short-term holding facility save to the extent necessary in the interests of the security of the short-term holding facility and the safety of a detained person or other persons.

(2) A detained person must be provided with everything reasonably necessary for the protection, safety, well-being, maintenance and care of any person under the age of 18 detained with them for whom they are responsible.”.

(8) Rule 23 (outside contacts) applies as if it provided—

23.    “Outside contacts

(1) Subject to paragraph (2), a detained person may enjoy communications with a person outside a short-term holding facility in accordance with rule 28 (use of telephones).

(2) A detained person is not permitted to have communications with a person outside the short-term holding facility to the extent to which the communication would prejudice the interests of the security of the short-term holding facility or the safety of the detained person or other persons.”.

(9) Rule 27 (legal adviser) applies as if it provided—

27.    “Legal adviser

(1) A detained person must be permitted to meet with their legal adviser in confidence if it is practicable to do so.

(2) A detained person may consult with their legal adviser by telephone.

(3) A meeting between a detained person and their legal adviser may be in the sight of but must not be in the hearing of an officer.”.

(10) Rule 30 (medical screening) applies as if it provided—

30.    “Medical screening

(1) Subject to paragraphs (2) and (3), a detained person must be screened by a health care professional within 24 hours of admission to a residential holding room, except where this is not possible due to exceptional circumstances.

(2) A detained person’s consent must be obtained before screening and in the case of a person aged under 18, consent must be obtained either from a parent or legal guardian.

(3) A detained person is entitled, if they so request, to be screened only by a health care professional of the same sex and the manager must ensure that a detained person is aware of that entitlement prior to any screening.

(4) In the event that a detained person has not been screened by a health care professional within 24 hours of admission to the residential holding room in accordance with paragraph (1), the manager must ensure that the screening is conducted as soon as practicable.”.

(11) Rule 31 (general medical care) applies as if it provided—

31.    “General medical care

If a detained person becomes—

(a) ill, or

(b) sustains an injury,

such that the detained person requires attention by a health care professional, prompt access to a health care professional must be provided and any arrangements made for supervision, care or transfer to hospital that appear necessary to the manager.”.

(12) Rule 32 (special illnesses and conditions) applies as if it provided—

32.    “Special illnesses and conditions

If during the medical screening carried out in accordance with rule 30 (medical screening), the health care professional identifies any immediate risk to the detained person’s health—

(a) the health care professional must notify the manager of the risk,

(b) arrangements must be made in accordance with rule 31 (general medical care), and

(c) the manager must ensure that the detained person’s detention is reviewed as soon as practicable.”.]

Textual Amendments

F3 Rule 6A inserted (5.1.2023) by The Short-term Holding Facility (Amendment) Rules 2022 (S.I. 2022/1345), rules 1(1), 2(5)