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PART 1 U.K.Removal and other powers

Detention and bailU.K.

5Restrictions on detention of unaccompanied childrenU.K.

(1)Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2)In paragraph 16, after paragraph (2) insert—

(2A)But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.

(3)In paragraph 18, after sub-paragraph (1) insert—

(1A)But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.

(4)After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

18B(1)Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—

(a)the child is being transferred to or from a short-term holding facility, or

(b)sub-paragraph (3) of paragraph 18 applies.

(2)An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.

(3)The first condition is that—

(a)directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or

(b)a decision on whether or not to give directions is likely to result in such directions.

(4)The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.

(5)An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.

(6)An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.

(7)In this paragraph—

Commencement Information

I1S. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(d)