Immigration and Asylum Bill - continued        House of Lords
Detention centres - continued

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Intervention by Secretary of State.     150. - (1) The Secretary of State may exercise the powers conferred by this section if it appears to him that-
    (a) the manager of a contracted out detention centre has lost, or is likely to lose, effective control of the centre or of any part of it; or
    (b) it is necessary to do so in the interests of preserving the safety of any person, or of preventing serious damage to any property.
      (2) The Secretary of State may appoint a person (to be known as the Controller) to act as manager of the detention centre for the period-
    (a) beginning with the time specified in the appointment; and
    (b) ending with the time specified in the notice of termination under subsection (5).
      (3) During that period-
    (a) all the functions which would otherwise be exercisable by the manager or the contract monitor are to be exercisable by the Controller;
    (b) the contractor and any sub-contractor of his must do all that he reasonably can to facilitate the exercise by the Controller of his functions; and
    (c) the staff of the detention centre must comply with any directions given by the Controller in the exercise of his functions.
      (4) The Controller is to have the status of a Crown servant.
      (5) If the Secretary of State is satisfied that a Controller is no longer needed for a particular detention centre, he must (by giving notice to the Controller) terminate his appointment at a time specified in the notice.
      (6) As soon as practicable after making an appointment under this section, the Secretary of State must give notice of the appointment to those entitled to notice.
      (7) As soon as practicable after terminating an appointment under this section, the Secretary of State must give a copy of the notice of termination to those entitled to notice.
      (8) Those entitled to notice are the contractor, the manager, the contract monitor and the Controller.
Visiting Committees and inspections.     151. - (1) The Secretary of State must appoint a committee (to be known as the Visiting Committee) for each detention centre.
      (2) The functions of the Visiting Committee for a detention centre are to be such as may be prescribed by the detention centre rules.
      (3) Those rules must include provision-
    (a) as to the making of visits to the centre by members of the Visiting Committee;
    (b) for the hearing of complaints made by persons detained in the centre;
    (c) requiring the making of reports by the Visiting Committee to the Secretary of State.
      (4) Every member of the Visiting Committee for a detention centre may at any time enter the centre and have free access to every part of it and to every person detained there.
      (5) In section 5A of the Prison Act 1952 (which deals with the appointment and functions of Her Majesty's Chief Inspector of Prisons), after subsection (5), insert-
    "(5A) Subsections (2) to (5) apply to detention centres (as defined by section 146 of the Immigration and Asylum Act 1999 and including any in Scotland) and persons detained in such detention centres as they apply to prisons and prisoners."
Detention centre rules.     152. - (1) The Secretary of State must make rules for the regulation and management of detention centres.
      (2) Detention centre rules may, among other things, make provision with respect to the safety, care, activities, discipline and control of detained persons.
Custody and movement of detained persons
Detainee custody officers.     153. - (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) A prison officer acting under arrangements made under subsection (5) has all the powers, authority, protection and privileges of a constable.
      (7) Schedule 10 makes further provision about detainee custody officers.
Custodial functions and discipline etc. at detention centres.     154. - (1) Custodial functions may be discharged at a detention centre only by-
    (a) a detainee custody officer authorised, in accordance with section 153(1), to perform such functions; or
    (b) a prison officer, or a certified prisoner custody officer, exercising functions in relation to the detention centre-
      (i) in accordance with arrangements made under section 153(5); or
      (ii) as a result of a contract entered into under section 149(1)(b).
      (2) Schedule 11 makes provision with respect to discipline and other matters at detention centres and short-term holding facilities.
Arrangements for the provision of escorts and custody.     155. - (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 Commission.
      (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 section 89 of the Criminal Justice Act 1991, or section 114 or 122 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).
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Prepared 22 October 1999