The Short-term Holding Facility Rules 2018

PART 1 U.K.

Citation and commencement U.K.

1.  These Rules may be cited as the Short-term Holding Facility Rules 2018 and come into force on 2nd July 2018.

Interpretation U.K.

2.  In these Rules—

“contracted out short-term holding facility” means a short-term holding facility in respect of which there is a contract entered into by the Secretary of State under regulation 2 of the Immigration (Short-term Holding Facilities) Regulations 2002 M1 ;

“directly managed short-term holding facility” means a short-term holding facility which is not a contracted out short-term holding facility;

“health care professional” means a registered medical practitioner or a registered nurse;

“holding room” means a short-term holding facility where a detained person may be detained for a period of not more than 24 hours unless a longer period is authorised by the Secretary of State;

“legal adviser” means a detained person's counsel, representative or solicitor, and includes a clerk acting on behalf of that solicitor;

“manager” means—

(a)

in relation to a directly managed short-term holding facility, the official of the Secretary of State designated to complete the tasks that fall to a manager under these Rules;

(b)

in relation to a contracted out short-term holding facility, a member of the contractor's staff—

(i)

designated to complete the tasks that fall to a manager under these Rules, and

(ii)

certified as a detainee custody officer.

“member of staff” means a person working at a short-term holding facility;

“officer” means—

(a)

an official of the Secretary of State;

(b)

an employee of the contractor;

(c)

a detainee custody officer (and includes a detainee custody officer who is authorised to perform escort functions in accordance with section 154 of the Immigration and Asylum Act 1999 M2 ), or

(d)

an immigration officer.

“port” includes airport;

[F1 “residential holding room” means a short-term holding facility where a detained person may be detained for a period of not more than 96 hours unless a longer period is authorised by the Secretary of State.]

Textual Amendments

F1 Words in rule 2 inserted (5.1.2023) by The Short-term Holding Facility (Amendment) Rules 2022 (S.I. 2022/1345), rules 1(1), 2(2)

Marginal Citations

M1 S.I. 2002/2538.

M2 Section 154(5) has been substituted by section 65(1) of the Nationality, Immigration and Asylum Act 2002.