1. These Rules may be cited as the Short-term Holding Facility Rules 2018 and come into force on 2nd July 2018.
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—
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;
in relation to a contracted out short-term holding facility, a member of the contractor's staff—
designated to complete the tasks that fall to a manager under these Rules, and
certified as a detainee custody officer.
“member of staff” means a person working at a short-term holding facility;
“officer” means—
an official of the Secretary of State;
an employee of the contractor;
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
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
F1Words 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
M2Section 154(5) has been substituted by section 65(1) of the Nationality, Immigration and Asylum Act 2002.