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Version Superseded: 11/02/2022
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33.—(1) Where a constable has reasonable grounds for suspecting that a person (“P”) has contravened the requirement in regulation 21(1) (requirement to stay in managed accommodation) or 26(2) (requirement to stay in specified premises), the constable may—
(a)direct P to return to the place where P is staying,
(b)remove P to the place where P is staying,
(c)where it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to a hotel or other accommodation facilitated by the Secretary of State or the Scottish Ministers.
(2) Paragraph (1)(b) and (c) do not apply where P is a person described in paragraph 1 of schedule 4 [F1or to whom paragraph 1(3) and (4) or paragraph 1(8) of schedule 5A applies].
(3) A constable exercising the power in paragraph (1) may use reasonable force, if necessary, in doing so.
(4) Where a child (“C”) is outside of the place where they are staying in accordance with regulation 21(1) or 26(2) and is accompanied by a person who has responsibility for the child (“A”)—
(a)the constable may direct A to take C to the place where C is staying,
(b)A must, so far as reasonably practicable, ensure that C complies with any direction or instruction given by a constable to C.
(5) Where a constable has reasonable grounds for suspecting that a child (“C”) has repeatedly contravened the requirement in regulation 21(1) or 26(2), the constable may direct any person who has responsibility for C to ensure, so far as reasonably practicable, that C complies with that requirement.
(6) A constable may only exercise a power under paragraph (1), (4) or (5) if the constable considers that it is a necessary and proportionate means of ensuring compliance with the requirement in regulation 21(1) or 26(2).
(7) A constable exercising a power under paragraph (1), (4) or (5) may give to P or A any direction or instruction the constable considers necessary and proportionate.
(8) Where P is a person required to comply with regulation 21(1), an authorised person may give a direction to P to ensure that P complies with the requirements of that regulation, including a direction—
(a)that P remain in a particular area of a port to await transportation to P's designated accommodation,
(b)that P move to a particular place to board P's designated transportation,
(c)that P board P's designated transportation to travel to P's designated accommodation, or
(d)that P remain in, or return to, the place where P is staying in accordance with regulation 21(1).
(9) For the purposes of paragraph (8), “authorised person” means a person authorised by the Scottish Ministers for the purposes of this regulation.
Textual Amendments
F1Words in reg. 33(2) inserted (15.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 5) Regulations 2021 (S.S.I. 2021/359), regs. 1(2), 7 (with reg. 14)
Commencement Information
I1Reg. 33 in force at 20.9.2021, see reg. 1(2)
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