OpenLegislation

Paragraph 55 I1I2C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply—

(a)

the fact that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 1 or 2,

(b)

the fact that the detainee has been informed as required under paragraph 54(1),

(c)

the officer's conclusion on the matter considered under paragraph 54(2)(a), and

(d)

the fact that the officer has taken action under paragraph 54(2)(b).

(2)

The review officer must inform the detainee whether the officer is authorising continued detention, and if so that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 1 or 2.

(3)

Sub-paragraph (2) does not apply where the detainee is—

(a)

incapable of understanding what is said,

(b)

violent or likely to become violent, or

(c)

in urgent need of medical attention.

Annotations

Modifications

C1

Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

Commencement

I1

Sch. 3 para. 55 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2

Sch. 3 para. 55 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

Notes on Schedule 3

Modifications

C2

Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C3

Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6