Paragraph 3

(1)

Sub-paragraph (2) applies if a detained person for whose delivery or custody a person (“A”) has been responsible in accordance with escort arrangements is delivered to a F1removal centre.

(2)

The detained person is to be treated, for the purposes of such removal centre rules as relate to disciplinary offences, as if he had been in the custody of the director of the removal centre at all times while A was so responsible.

(3)

Sub-paragraph (4) applies if a detained person for whose delivery or custody a person (“B”) has been responsible in accordance with escort arrangements is delivered to a prison.

(4)

The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.

(5)

“Director” means—

(a)

in the case of a contracted out removal centre, the person appointed by the Secretary of State in relation to the centre under section 149 or such other person as the Secretary of State may appoint for the purposes of this paragraph;

(b)

in the case of any other removal centre, the manager of the removal centre.

(6)

This paragraph does not authorise the punishment of a detained person under removal centre rules or prison rules in respect of any act or omission of his for which he has already been punished by a court.

(7)

“Prison rules” means—

(a)

rules made under section 47 of the M1Prison Act 1952;

(b)

rules made under section 19 of the M2Prisons (Scotland) Act 1989;

(c)

rules made under section 13 of the M3Prison Act (Northern Ireland) 1953.

Annotations

Textual amendments

F1: Words in Sch. 13 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(m), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

Marginal citations

M1: 1952 c. 52.
M2: 1989 c. 45.
M3: 1953 c.18 (N.I.).