Immigration and Asylum Bill - continued        House of Lords

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Custody and movement of detained persons
Detainee custody officers.     144. - (1) On an application made to him under this section, the Secretary of State may certify that the applicant-
    (a) is authorised to perform escort functions; or
    (b) is authorised to perform both escort functions and custodial functions.
      (2) The Secretary of State may not issue a certificate of authorisation unless he is satisfied that the applicant-
    (a) is a fit and proper person to perform the functions to be authorised; and
    (b) has received training to such standard as the Secretary of State considers appropriate for the performance of those functions.
      (3) A certificate of authorisation continues in force until such date, or the occurrence of such event, as may be specified in the certificate but may be suspended or revoked under paragraph 7 of Schedule 10.
      (4) A certificate which authorises the performance of both escort functions and custodial functions may specify one date or event for one of those functions and a different date or event for the other.
      (5) If the Secretary of State considers that it is necessary for the functions of detainee custody officers to be conferred on prison officers or prisoner custody officers, he may make arrangements for that purpose.
      (6) Schedule 10 makes further provision about detainee custody officers.
Custodial functions and discipline etc. at detention centres.     145. - (1) Custodial functions may be discharged at a detention centre only by-
    (a) a detainee custody officer authorised, in accordance with section 144(1), to perform such functions; or
    (b) a prison officer, or prisoner custody officer, exercising functions in relation to the detention centre-
      (i) in accordance with arrangements made under section 144(5); or
      (ii) as a result of a contract entered into under section 140(1)(b).
      (2) Schedule 11 makes provision with respect to discipline and other matters at detention centres.
Arrangements for the provision of escorts and custody.     146. - (1) The Secretary of State may make arrangements for-
    (a) the delivery of detained persons to premises in which they may lawfully be detained;
    (b) the delivery of persons from any such premises for the purposes of their removal from the United Kingdom in accordance with directions given under the 1971 Act or this Act;
    (c) the custody of detained persons who are temporarily outside such premises;
    (d) the custody of detained persons held on the premises of any court.
      (2) Escort arrangements may provide for functions under the arrangements to be performed, in such cases as may be determined by or under the arrangements, by detainee custody officers.
      (3) "Court" includes-
    (a) adjudicators;
    (b) the Immigration Appeal Tribunal;
    (c) the Special Immigration Appeals Commission established by section 1(1) of the Special Immigration Appeals Commission Act 1997.
      (4) Escort arrangements may include entering into contracts with other persons for the provision by them of-
    (a) detainee custody officers; or
    (b) prisoner custody officers who are certified under the Criminal Justice Act 1991, or section 114 of the Criminal Justice and Public Order Act 1994, to perform escort functions.
      (5) Schedule 12 makes further provision about escort arrangements.
      (6) A person responsible for performing a function of a kind mentioned in subsection (1), in accordance with a transfer direction, complies with the direction if he does all that he reasonably can to secure that the function is performed by a person acting in accordance with escort arrangements.
      (7) "Transfer direction" means a transfer direction given under-
    (a) section 48 of the Mental Health Act 1983 or section 71 of the Mental Health (Scotland) Act 1984 (removal to hospital of, among others, persons detained under the 1971 Act); or
    (b) in Northern Ireland, article 54 of the Mental Health (Northern Ireland) Order 1986 (provision corresponding to section 48 of the 1983 Act).
Wrongful disclosure of information.     147. - (1) A person who is or has been employed (whether as a detainee custody officer, prisoner custody officer or otherwise)-
    (a) in accordance with escort arrangements,
    (b) at a contracted out detention centre, or
    (c) to perform contracted out functions at a directly managed detention centre,
  is guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular detained person.
      (2) A person guilty of such an offence is liable-
    (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
    (b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
      (3) "Contracted out functions" means functions which, as the result of a contract entered into under section 140, fall to be performed by detainee custody officers or prisoner custody officers.
Power of constable to act outside his jurisdiction.     148. - (1) For the purpose of taking a person to or from a detention centre under the order of any authority competent to give the order, a constable may act outside the area of his jurisdiction.
      (2) When acting under this section, the constable concerned retains all the powers, authority, protection and privileges of his office.
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Prepared 18 June 1999