Part 4Detention and Removal
Detention
62 Detention by Secretary of State
1
A person may be detained under the authority of the Secretary of State pending—
a
a decision by the Secretary of State whether to give directions in respect of the person under paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal), or
b
removal of the person from the United Kingdom in pursuance of directions given by the Secretary of State under any of those paragraphs.
2
Where the Secretary of State is empowered under section 3A of that Act (powers of Secretary of State) to examine a person or to give or refuse a person leave to enter the United Kingdom, the person may be detained under the authority of the Secretary of State pending—
a
the person’s examination by the Secretary of State,
b
the Secretary of State’s decision to give or refuse the person leave to enter,
c
a decision by the Secretary of State whether to give directions in respect of the person under paragraph 8 or 9 of Schedule 2 to that Act (removal), or
d
removal of the person in pursuance of directions given by the Secretary of State under either of those paragraphs.
3
A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule shall apply to a person who is detained or liable to detention under this section: and for that purpose—
a
a reference to paragraph 16 of that Schedule shall be taken to include a reference to this section,
b
a reference in paragraph 21 of that Schedule to an immigration officer shall be taken to include a reference to the Secretary of State, and
c
a reference to detention under that Schedule or under a provision or Part of that Schedule shall be taken to include a reference to detention under this section.
4
In the case of a restriction imposed under paragraph 21 of that Schedule by virtue of this section—
a
a restriction imposed by an immigration officer may be varied by the Secretary of State, and
b
a restriction imposed by the Secretary of State may be varied by an immigration officer.
5
In subsection (1) the reference to paragraph 10 of that Schedule includes a reference to that paragraph as applied by virtue of section 10 of the Immigration and Asylum Act 1999 (c. 33) (persons unlawfully in United Kingdom: removal).
6
Subsection (5) is without prejudice to the generality of section 159.
7
A power under this section which is exercisable pending a decision of a particular kind by the Secretary of State is exercisable where the Secretary of State has reasonable grounds to suspect that he may make a decision of that kind.
8
At the end of section 11(1) of the Immigration Act 1971 (c. 77)
(person not deemed to have entered United Kingdom while detained, &c.) there shall be inserted “
or section 62 of the Nationality, Immigration and Asylum Act 2002
”
.
9
In section 24(1)(e) of the Immigration Act 1971 (offence: failure to comply with restriction) for “or to an immigration officer” there shall be substituted “
, to an immigration officer or to the Secretary of State
”
.
10
In the Mental Health Act 1983 (c. 20)—
a
at the end of section 48(2)(d)
(detained persons susceptible to transfer for mental treatment: immigration) there shall be added “
or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)
”
, and
b
in the heading of section 53 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.
11
In the Mental Health (Scotland) Act 1984 (c. 36)—
a
at the end of section 71(2)(c)
(detained persons who may be transferred to hospital for mental treatment) there shall be added “
or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)
”
, and
b
at the end of section 74(1)(b)
(further provision about such persons) there shall be added “
or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)
”
.
12
In the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))—
a
at the end of Article 54(2)(d)
(detained persons susceptible to transfer for mental treatment: immigration) there shall be added “
or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)
”
, and
b
in the heading of Article 59 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.
13
Section 53 of the Immigration and Asylum Act 1999 (c. 33) (bail) shall be amended as follows—
a
at the end of subsection (1) add “
or under section 62 of the Nationality, Immigration and Asylum Act 2002
”
, and
b
at the end of subsection (3)(a) add “
or under section 62 of the Nationality, Immigration and Asylum Act 2002
”
.
14
In section 147 of that Act (detention centres: interpretation) at the end of the definition of “detained persons” there shall be inserted “
or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);
”
.
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