PART 1

Citation and commencement1

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

Interpretation2

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 20022;

  • “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—

    1. 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;

    2. b

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

      1. i

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

      2. ii

        certified as a detainee custody officer.

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

  • “officer” means—

    1. a

      an official of the Secretary of State;

    2. b

      an employee of the contractor;

    3. 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 19993), or

    4. d

      an immigration officer.

  • “port” includes airport.