C2Part VIII Detention Centres and Detained Persons

Annotations:
Modifications etc. (not altering text)
C2

Pt. VIII modified (E.W.N.I.) (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 2(6), 59(2); S.I. 2008/99, art. 2(a)

Detention centres

I1C1149 Contracting out of certain F1removal centres.

1

The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any F1removal centre or part of a F1removal centre.

2

While a F1removal centre contract for the running of a F1removal centre or part of a F1removal centre is in force—

a

the F1removal centre or part is to be run subject to and in accordance with the provisions of or made under this Part; and

b

in the case of a part, that part and the remaining part are to be treated for the purposes of those provisions as if they were separate F1removal centres.

3

If the Secretary of State grants a lease or tenancy of land for the purposes of a F1removal centre contract, none of the following enactments applies to the lease or tenancy—

a

Part II of the M1Landlord and Tenant Act 1954 (security of tenure);

b

section 146 of the M2Law of Property Act 1925 (restrictions on and relief against forfeiture);

c

section 19(1), (2) and (3) of the M3Landlord and Tenant Act 1927 and the M4Landlord and Tenant Act 1988 (covenants not to assign etc.);

d

the M5Agricultural Holdings Act 1986;

e

sections 4 to 7 of the M6Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses);

f

the M7Agricultural Holdings (Scotland) Act 1991 F2and the Agricultural Holdings (Scotland) Act 2003 (asp 11);

g

section 14 of the M8Conveyancing Act 1881;

h

the M9Conveyancing and Law of Property Act 1892;

i

the M10Business Tenancies (Northern Ireland) Order 1996.

4

The Secretary of State must appoint a contract monitor for every contracted out F1removal centre.

5

A person may be appointed as the contract monitor for more than one F1removal centre.

6

The contract monitor is to have—

a

such functions as may be conferred on him by F1removal centre rules;

b

the status of a Crown servant.

7

The contract monitor must—

a

keep under review, and report to the Secretary of State on, the running of a F1removal centre for which he is appointed; and

b

investigate, and report to the Secretary of State on, any allegations made against any person performing custodial functions at that centre.

8

The contractor, and any sub-contractor of his, must do all that he reasonably can (whether by giving directions to the officers of the F1removal centre or otherwise) to facilitate the exercise by the contract monitor of his functions.

9

“Lease or tenancy” includes an underlease, sublease or sub-tenancy.

10

In relation to a F1removal centre contract entered into by the Secretary of State before the commencement of this section, this section is to be treated as having been in force at that time.