Textual Amendments
F1Words in Sch. 1 para. 1 heading substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 35(2), 41(1); S.I. 2007/3001, art. 2(1)(l)
1(1)The Secretary of State may make arrangements for any of the following functions, namely—E+W
(a)the delivery of [F2detained persons] from one set of relevant premises to another;
(b)the custody of [F2detained persons] held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;
[F3(c)the custody of detained persons temporarily held in youth detention accommodation in the course of delivery from one such place of accommodation to another; and
(d)the custody of detained persons while they are outside a place of youth detention accommodation for temporary purposes,]
to be performed in such cases as may be determined by or under the arrangements by custody officers who are authorised to perform such functions.
(2)In sub-paragraph (1)(a) above, “relevant premises” means [F4a place of youth detention accommodation or a court] , police station or hospital.
(3)Arrangements made by the Secretary of State under sub-paragraph (1) above (“escort arrangements”) may include entering into contracts with other persons for the provision by them of custody officers.
(4)Any person who, under a warrant or a hospital order or hospital remand is responsible for the performance of any such function as is mentioned in sub-paragraph (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a custody officer acting in pursuance of escort arrangements.
(5)In this paragraph—
“hospital” has the same meaning as in the M1Mental Health Act 1983;
“hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the M2Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the M3Criminal Appeal Act 1968;
“hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;
“warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.
Textual Amendments
F2Words in Sch. 1 para. 1(1)(a)(b) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 35(3)(a), 41(1); S.I. 2007/3001, art. 2(1)(l)
F3Sch. 1 para. 1(1)(d)(c) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 35(3)(a), 41(1); S.I. 2007/3001, art. 2(1)(l)
F4Words in Sch. 1 para. 1(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 35(3)(b), 41(1); S.I. 2007/3001, art. 2(1)(l)
Modifications etc. (not altering text)
C1Sch. 1 para. 1: Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(j)
Marginal Citations