Statutory Instruments
IMMIGRATION
Made
29th April 2024
Laid before Parliament
30th April 2024
Coming into force
21st May 2024
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 59(5) and (6) of the Immigration Act 2016(1).
In accordance with section 59(4) of that Act, a draft of the guidance to be brought into force in accordance with these Regulations has been laid before Parliament.
1.—(1) These Regulations may be cited as the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024 and come into force on 21st May 2024.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
2. The guidance entitled “Immigration Act 2016: Revised guidance on adults at risk in immigration detention”, a draft of which was laid before Parliament on 30th April 2024 by the Secretary of State under section 59(4) of the Immigration Act 2016, comes into force on 21st May 2024.
Michael Tomlinson
Minister of State
Home Office
29th April 2024
(This note is not part of the Regulations)
These Regulations bring into force revised guidance specifying matters to be taken into account in determining whether a person would be particularly vulnerable to harm if that person were to be detained or to remain in immigration detention and, if so, whether that person should be detained or remain in immigration detention.
The revised guidance replaces the guidance entitled “Immigration Act 2016: Revised guidance on adults at risk in immigration detention” which was brought into force on 25th May 2021 by the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2021 (S.I. 2021/184).
The draft revised guidance on adults at risk in immigration detention is published by the Stationery Office and copies may be obtained from the Stationery Office bookshops or online shop, with final guidance to be available in the same way. The draft guidance is also available on the adults at risk in immigration detention pages of the gov.uk website, with final guidance to be available in the same way.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.