Immigration Act 2014

Valid from 28/07/2014

6 Pre-departure accommodation for families U.K.

(1) Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons) is amended as follows.

(2) In section 147 (interpretation)—

(a) after the definition of “custodial functions” insert—

““detained children” means detained persons who are under the age of 18;”;

(b) after the definition of “escort monitor” insert—

““pre-departure accommodation” means a place used solely for the detention of detained children and their families for a period of—

(a) not more than 72 hours, or

(b) not more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);”;

(c) in the definition of “removal centre”, after “facility,” insert “ pre-departure accommodation, ”;

(d) in the definition of “short-term holding facility”, at the end insert—

“but which is not pre-departure accommodation.”

(3) In section 155 (custodial functions and discipline), in subsection (2), at the end insert “ and in pre-departure accommodation ”.

(4) After section 157 insert—

“157A Pre-departure accommodation

(1) The following provisions of this Part apply to pre-departure accommodation as they apply to removal centres—

(a) section 149 (contracting out of certain removal centres);

(b) section 150 (contracting out functions at directly managed removal centres);

(c) section 151 (intervention by Secretary of State).

(2) In the application of those provisions to pre-departure accommodation—

(a) references to a removal centre contract are to be read as a contract made under section 149(1) for the provision or running of pre-departure accommodation;

(b) references to a contracted out removal centre are to be read as references to pre-departure accommodation in relation to which a contract under section 149(1) is in force;

(c) references to a directly managed removal centre are to be read as references to pre-departure accommodation in relation to which there is no contract under section 149(1) in force;

(d) references to removal centre rules are to be read as references to rules made under subsection (4).

(3) The Secretary of State may by regulations extend to pre-departure accommodation any other provision made by or under this Part in relation to removal centres.

(4) The Secretary of State may make rules for the regulation and management of pre-departure accommodation.”