Immigration and Asylum Act 1999

156 Arrangements for the provision of escorts and custody. U.K.

(1) The Secretary of State may make arrangements for—

(a) the delivery of detained persons to premises in which they may lawfully be detained;

(b) the delivery of persons from any such premises for the purposes of their removal from the United Kingdom in accordance with directions given under the 1971 Act or this Act;

(c) the custody of detained persons who are temporarily outside such premises;

(d) the custody of detained persons held on the premises of any court.

(2) Escort arrangements may provide for functions under the arrangements to be performed, in such cases as may be determined by or under the arrangements, by detainee custody officers.

(3) “Court” includes—

[F1 (a) the First-tier Tribunal;

(b) the Upper Tribunal; and]

(c) the Commission.

(4) Escort arrangements may include entering into contracts with other persons for the provision by them of—

(a) detainee custody officers; or

(b) prisoner custody officers who are certified under section 89 of the Criminal Justice Act 1991, or section 114 or 122 of the M1 Criminal Justice and Public Order Act 1994, to perform escort functions.

(5) Schedule 13 makes further provision about escort arrangements.

(6) A person responsible for performing a function of a kind mentioned in subsection (1), in accordance with a transfer direction, complies with the direction if he does all that he reasonably can to secure that the function is performed by a person acting in accordance with escort arrangements.

(7) “Transfer direction” means

[F2 (a)] a transfer direction given under—

[F3 (i)] section 48 of the M2 Mental Health Act 1983 F4 ... (removal to hospital of, among others, persons detained under the 1971 Act); or

[F3 (ii)] in Northern Ireland, article 54 of the M3 Mental Health (Northern Ireland) Order 1986 (provision corresponding to section 48 of the 1983 Act). [F5 or

(b) a transfer for treatment direction given under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 as applied by article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005.]

Textual Amendments

F1 S. 156(3)(a)(b) substituted for s. 156(3)(a) (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 19 (with Sch. 4)

F2 Words in s. 156(7) renumbered as s. 156(7)(a) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 1 para. 5(a)

F3 S. 156(7)(a)(b) renumbered as s. 156(7)(a)(i)(ii) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 1 para. 5(b)

F4 Words in s. 156(7)(a)(i) omitted (5.10.2005) by virtue of The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 1 para. 5(c)

F5 S. 156(7)(b) and word added (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 1 para. 5(d)

Commencement Information

I1 S. 156 wholly in force at 2.4.2001; s. 156 not in force at Royal Assent; s. 156(5) in force at 1.8.2000 for certain purposes by S.I. 2000/1985, art. 2, Sch.; s. 156 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Marginal Citations

M1 1994 c. 33.

M2 1983 c. 20.

M3 S.I. 1986/595 (N.I. 4).