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Local Government Finance Act 1992, Cross Heading: Persons in detention is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1(1)A person shall be disregarded for the purposes of discount on a particular day if on the day—
(a)he is detained in a prison, a hospital or any other place by virtue of an order of a court to which sub-paragraph (2) below applies;
(b)he is detained under paragraph 2 of Schedule 3 to the M1Immigration Act 1971 (deportation);
(c)he is detained under Part II or section 46, 47, 48 or 136 of the M2Mental Health Act 1983; or
(d)he is detained under Part V or section 69, 70, 71 or 118 of the M3Mental Health (Scotland) Act 1984.
(2)This sub-paragraph applies to the following courts—
(a)a court in the United Kingdom; and
(b)a Standing Civilian Court established under the M4Armed Forces Act 1976.
(3)If a person—
(a)is temporarily discharged under section 28 of the M5Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; or
(b)is temporarily discharged under section 27 of the M6Prisons (Scotland) Act 1989, or temporarily released under rules under section 39(6) of that Act,
for the purposes of sub-paragraph (1) above he shall be treated as detained.
(4)Sub-paragraph (1) above does not apply where the person—
(a)is detained under regulations made under paragraph 8 of Schedule 4 to this Act;
(b)is detained under section 76 of the M7Magistrates’ Courts Act 1980, or section 9 of the M8Criminal Justice Act 1982, for default in payment of a fine; or
(c)is detained only under section 407 of the M9Criminal Procedure (Scotland) Act 1975.
(5)In sub-paragraph (1) above “order” includes a sentence, direction, warrant or other means of giving effect to the decision of the court concerned.
(6)The Secretary of State may by order provide that a person shall be disregarded for the purposes of discount on a particular day if—
(a)on the day he is imprisoned, detained or in custody under the M10Army Act 1955, the M11Air Force Act 1955 or the M12Naval Discipline Act 1957; and
(b)such conditions as may be prescribed by the order are fulfilled.
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