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The Detention Centre (Amendment) Rules 2018

S.I. 2018/411 · Made 22 March 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Immigration

Made 22nd March 2018

Laid before Parliament 27th March 2018

Coming into force 2nd July 2018

The Secretary of State makes the following Rules in exercise of the powers conferred by section 153 of the Immigration and Asylum Act 1999f1.

Annotations to the whole text

Footnotes

f1

1999 c. 33; section 153 was amended by section 66 of the Nationality Immigration and Asylum Act 2002 (c. 41).

Contents

  1. 1Citation and commencement
  2. 2Amendment to rule 35 of the Detention Centre Rules
  3. Signature
  4. Explanatory note

1Citation and commencement

These Rules may be cited as the Detention Centre (Amendment) Rules 2018 and come into force on 2nd July 2018.

2Amendment to rule 35 of the Detention Centre Rules

(1)

Rule 35 of the Detention Centre Rules 2001f1 is amended as follows.

(2)

After paragraph (5), insert—

“(6)

For the purposes of paragraph (3), “torture” means any act by which a perpetrator intentionally inflicts severe pain or suffering on a victim in a situation in which—

(a)

the perpetrator has control (whether mental or physical) over the victim, and

(b)

as a result of that control, the victim is powerless to resist.”

Signature

Caroline Nokes

Minister of State

Home Office

22nd March 2018

Explanatory note

(This note is not part of the Rules)

These Rules amend rule 35 of the Detention Centre Rules 2001. Rule 35 is amended to include a definition of ‘torture’ for the purposes of immigration detention.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.